Layne v. Huffman

Appellant argues that since appellee failed to join in her husband’s suit pursuant to Civ. R. 19.1 (A), she is now barred from filing her separate action against him.*

Appellee argues that appellant did not timely raise the issue of her joinder in the action for loss of consortium with Mr. Layne’s action for personal injuries; that such failure on his part now constitutes a waiver of any right to object to this separate action being maintained against him.

Civ. R. 19.1(A), in pertinent part, provides:

“(A) A person who is subject to service of process shall be joined as a party in the action,…