Quinn v. Miller

Filing 15

OPINION on Partial Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, )

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Taasheana Quinn and S.M.,
Plaintiffs,

z:crsus
Maurice Miller,

Civil Action H-12-2181

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Defendant.

Opinion on Partial Dismissal
I.

O n October 21, 2010, Taasheana Quinn sued Maurice Miller for injuries to her and
her child from a car accident on November 7, 2008. O n April 29, 2011, Judge Nancy
Atlas dismissed the case without prejudice for deficient service ofprocess. She appealed.

3.

Besides appealing, Quinn sued Miller a second time on April 29,201 I -the same day
the appeal was filed. Judge Melinda Harmon dismissed that suit as duplicative on
February 29, 2012.

4.

O n July 2, 2012, the court of appeals affirmed the dismissal of the first case.

5.

In Texas, the statute of limitations for a personal injury claim is two years.

6.

O n July 19,

2012 - two

weeks after losing the appeal - Quinn sued Miller for the

third time, arguing that the limitations period was tolled by the two earlier suits.

6.

Because the two earlier cases were dismissed without prejudice, the statute of
limitations was not tolled.'

'4 Charles Alan Wright &Arthur R. Miller, Federal Practice and Procedure
(3rd ed. 2002) (discussing Fed. R. Civ. P. 3 and 4(m)).

1056

7.

Quinn also argues that Judge Atlas reserved her right to sue irrespective of the
limitations period; however, neither her opinion nor the judgments from April 29,
201 I ,

or of the court of appeals on July

2, 201 2,

mentions anything about

Quinn

having reserved her opportunity to sue later. The concept that a defaulting plaintiff can
reserve a right to do anything is peculiar; she either has an opportunity in common with
other litigants or she does not. She does not.

8.

Even assumingJudge Atlas had reserved Quinn's rights, it is within the province ofthis
court to decide whether to allow recommencement.'

9.

Quinn's claims on her own behalf will be dismissed with prejudice because they are
barred by the statute of limitations. Through all of this, Quinn had counsel.

10.

T h e claims of S.M. will proceed.

Signed on October 8, 2012, at Houston, Texas.

Lynn N. Hughes
United States District Judge

' Id.