In Dietrich v. Widmar, Cuyahoga App. No. 85069, 2005 Ohio 2004, a complaint was timely filed against the owner but not the driver of the car involved in the accident. That complaint was voluntarily dismissed. A second complaint was filed after the statute of limitations expired, and the plaintiffs wanted to amend this complaint to add the driver of the car. This court explained that while "the spirit of the Civil Rules is the resolution of cases upon their merits, not upon pleading deficiencies," Dietrich at P11, citing Hardesty v. Cabotage (1982), 1 Ohio St.3d 114, 117, 1 Ohio B. 147, 438 N.E.2d 431, and Peterson v. Teodosio (1973), 34 Ohio St.2d 161, 175, 297 N.E.2d 113, "there is no authority to subject a party in whose favor the statute of limitations has run to liability in a second lawsuit after dismissing an earlier lawsuit in which that party was neither originally named as a party defendant nor made so by amendment." Dietrich at P11, citing Devine v. Phi Gamma Delta Fraternity (June 22, 2001), Clark App. No. 2001 CA 5, 2001 Ohio App.