Mears v. Mihalega

In Mears v. Mihalega (Dec. 19, 1997), 11th Dist. No. 97-T-0040, 1997 Ohio App, the plaintiff omitted the words "name unknown" in the summons, and this alone, the court noted, warranted the granting of summary judgment. The plaintiff in Mears had served the John Doe defendant more than one year after he had filed his original complaint. The Mears court considered and rejected the plaintiff's argument that the one-year period granted by Civ.R. 3(A) began to run upon the filing of the amended complaint.