Galloway v. Columbus-Broad Corp.

OPINION

By BARTLETT, J.

Application to reconsider the Court’s Previous ruling is OVERRULED, wherein the Court sustained the motion of plaintiff for leave to file an amended petition on certain conditions.

Counsel for defendant urge that the instant case does not present a situation where plaintiff’s rights “are entirely subject to the frailties of the pleader in drawing his complaint,” since there is no “omission” to state essential facts, which may be supplied by an amended petition.

The frailties of the pleader may involve overstatement as well as understatement. (Emphasis ours.)

In the case of…