Cecil v. Cottrill

The issue presented is whether Civ.R. 15(C), read in pari materia with Civ.R. 3(A) and 15(A), allows appellants’ second amended complaint, regarding Donna’s personal injury claim,3 to relate back to the time of the filing of the original complaint on September 5, 1989.

Civ.R. 15(C) provides in 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 forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing…