VARNO v. BALLY MFG. CO.

No. 84-1137.

19 Ohio St. 3d 21 (1985)

VARNO, APPELLANT, v. BALLY MANUFACTURING CO. ET AL.; SHAFFER DISTRIBUTING CO., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 9, 1985.


Attorney(s) appearing for the Case

William H. Thornburgh and Nancy Thornburgh, for appellant.

Baden, Jones, Scheper & Crehan Co., L.P.A., and James H. Scheper, for appellee Shaffer Distributing Company.

Porter, Wright, Morris & Arthur, Thomas L. Czechowski and Dianne F. Marx, for appellee Nine Limited Leasing.


HOLMES, J.

The procedural issue presented on appeal is whether an amended complaint under Civ. R. 15(D), which substitutes the true name of a defendant that was previously designated by a fictitious name in the original complaint which was not served upon such defendant, relates back to the date of filing the original pleading for the purposes of the statute of limitations.1 Throughout this litigation, appellant has maintained that Civ...

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