POULOS v. PARKER SWEEPER CO.

No. 88-1337.

44 Ohio St. 3d 124 (1989)

POULOS, APPELLEE, v. PARKER SWEEPER COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 26, 1989.


Attorney(s) appearing for the Case

Tzangas, Plakas & Mannos, Leonidas E. Plakas and Elizabeth A. Raies, for appellee.

Martin, Browne, Hull & Harper, Glenn W. Collier, Vogelgesang, Howes, Lindamood & Brunn and Wayne C. Kyhos, for appellant.


WRIGHT, J.

This case involves our consideration of the proper scope, application and usage of R.C. 2317.48, which states in its entirety:

"When a person claiming to have a cause of action or a defense to an action commenced against him, without the discovery of a fact from the adverse party, is unable to file his complaint or answer, he may bring an action for discovery, setting forth in his complaint in the action for discovery the necessity and the grounds...

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