Cohen v. Bucey

The single question of law presented, as stated by the defendant, is: “Does an amendment to a petition sounding in negligence which adds allegations of wilful and wanton misconduct introduce a new and different cause of action, so that it is not permissible after the running of the applicable statute of limitations?”

*162Section 11363, General Code, provides as follows:

“Before or after judgment, in furtherance of justice and on such terms as it deems proper, the court may amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the…