KRALY v. VANNEWKIRK

No. 92-2307.

69 Ohio St.3d 627 (1994)

KRALY ET AL., APPELLANTS, v. VANNEWKIRK; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided July 27, 1994.


Attorney(s) appearing for the Case

Robert J. Sindyla and David R. Hurd, for appellants.

Meyers, Hentemann, Schneider & Rea Co., L.P.A., Henry A. Hentemann and Joseph H. Wantz, for appellee.

Scanlon & Henretta Co., L.P.A., J. Thomas Henretta and James P. Hanratty, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


A. WILLIAM SWEENEY, J.

I

The threshold question presented by this action concerns the extent to which the amendment of pleadings adding parties may relate back to the date of the original filing. Civ.R. 15(C) governs this issue. It provides in relevant part:

"Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set...

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