Smith v. Brush-Moore Newspapers, Inc.

The issue presented in this cause is whether plaintiff is entitled to amend his petition by sub*113stituting WONE, Inc., as party defendant in place of Brush-Moore Newspapers, Inc., d. b. a. WONE Radio Station.

We note at the outset that plaintiff in fact instituted his action against the wrong corporate party, as Brush-Moore neither owned nor operated the radio station. In addition, we note that if plaintiff cannot amend the petition as he requests, then his failure to name WONE, Inc., as defendant will result in loss of his cause of action due to the running of the statute of limitations (R. 0.…