Baker v. McKnight

The instant cause affords us the opportunity to reconsider our decision in the Barnhart case, supra. The issue in Barnhart, which we decided in the negative, was whether a complaint in negligence which designated as a sole defendant one who died after the cause of action accrued but before the complaint was filed had met the requirements of the applicable statute of limitations and commenced an action pursuant to Civ. R. 3(A), so that such complaint could be amended to substitute an administrator of the deceased defendant’s estate for the original defendant after the limitations period has…