GOOLSBY v. ANDERSON CONCRETE CORP.

No. 90-1073.

61 Ohio St.3d 549 (1991)

GOOLSBY, APPELLANT, v. ANDERSON CONCRETE CORPORATION, APPELLEE.

Supreme Court of Ohio.

Decided August 28, 1991.


Attorney(s) appearing for the Case

Beatty & Roseboro and Otto Beatty, Jr., for appellant.

Lane, Alton & Horst, John A. Fiocca, Jr. and Theodore M. Munsell, for appellee.


MOYER, C.J.

The question presented is whether Goolsby's first action was commenced, therefore allowing her to refile the action under the saving provisions of R.C. 2305.19. For the reasons which follow, we find that Goolsby's first action was properly commenced.

Civ.R. 3(A) states in part:

"Commencement. A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant ...

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