Goolsby v. Anderson Concrete Corp.

The question presented is whether Goolsby’s first action was commenced, therefore allowing her to refile the action under the saving provisions of R.C. 2305.19. For the reasons which follow, we find that Goolsby’s first action was properly commenced.

Civ.R. 3(A) states in part:

“Commencement. A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant * * *.”

One clear consequence of Civ.R. 3(A) is that it is not necessary to obtain service upon a defendant within the limitations period, which, in this case, was…