Johnna McCall et al. v. United Parcel Service et al.

A mother and father filed a personal injury action in 2022 on behalf of their adult daughter, who was allegedly injured in a car accident in 2007 when she was four years old. The daughter was not represented by counsel, and her parents purported to represent her. The trial court dismissed the daughter’s claims due to the running of the statute of limitations. On appeal, the daughter argues (through her mother/conservator) that the dismissal was in error because she lacks mental capacity. Because the daughter did not file suit pro se and was not represented by counsel, we conclude that the trial court properly granted the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted.