Amerine v. Haughton Elevator Co.

The issue presented is whether Civ. R. 15(D), read in conjunction with Civ. R. 15(C) and 3(A), allows appellants’ amended complaint of May 14, 1984 to relate back to the time of the filing of the original complaint on August 22, 1983.

Civ. R. 15(D) states:

“Amendments where name of party unknown. When the plaintiff does not know the name of a defendant, that defendant may be designated in a pleading or proceeding by any name and description. When the name is discovered, the pleading or proceeding must be amended accordingly. The plaintiff, in such case, must aver in the complaint the fact that…