Gibson v. Summers, 2008-P-0032 (12-31-2008)

{¶ 67} I respectfully dissent. It is my belief that, when possible, the rules and statutes should be construed to allow for cases to be decided on their merits. As a result, I have a much broader reading of Civ. R. 3(A). The pertinent section of Civ. R. 3(A) states that an action is commenced upon the filing of a complaint if service is obtained within one year "upona named defendant." (Emphasis added.) In this case, the docket reveals that a complaint was filed on January 10, 2006 against three defendants. Service was obtained on defendant Shirley J. Owens on January 13, 2006. Service was…