Hardesty v. Cabotage

This cause poses the question whether appellees’ amended complaint of September 10, 1980, may relate back to the date of the original complaint, March 11, 1980. For the following reasons, we hold that Civ. R. 15(C) would operate to permit relation back of the amended complaint to the date of the original complaint. Thus, appellees have stated a cause of action against appellant hospital for the alleged malpractice of its physician-employees.

As pointed out by the Court of Appeals, “[i]t is clear that the original order dismissing the original complaint is final.” Nonetheless, appellees filed a…