NOLPH v. SCOTT


725 S.W.2d 860 (1987)

Michael NOLPH, M.D., Movant, v. Helen SCOTT, Respondent.

Supreme Court of Kentucky.

March 12, 1987.


Attorney(s) appearing for the Case

Galen J. White, Jr., William P. Swain, Louisville, for movant.

J. Michael Smither, Mark Webster, Hollis L. Searcy, Louisville, for respondent.


OPINION OF THE COURT

The issue on this appeal is whether CR 15.03 permits an amended complaint, substituting movant Michael Nolph for an "unknown defendant," to relate back to the time of the original complaint where "unknown defendants" were constructively served by appointment of a warning order attorney.

The trial court ruled relation back was not permitted and granted Movant's motion for summary judgment....

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