Patrolman X. v. City of Toledo

In Patrolman X. v. City of Toledo (1999), 132 Ohio App.3d 374, 725 N.E.2d 291, 132 Ohio App.3d 381, 405, the Lucas County Court of Common Pleas ruled that the plaintiff's claim against a John Doe defendant did not relate back to his original complaint when he did not amend his complaint to identify the defendant until nearly 22 months after filing his original complaint. Neither the court of appeals' opinion (which affirmed the trial court but contains no substantive discussion of the issue of relation back) nor the court of common pleas' opinion, which is appended to the court of appeals' opinion and incorporated therein by reference, specifically mentions whether the plaintiff attempted or achieved service, or what method of service, if any, was used. It thus appears that the plaintiff did not serve the John Doe defendant with a copy of anything within one year of the filing of the original complaint. For this reason, it was appropriate to grant summary judgment in the defendant's favor. Neither the trial court nor the appellate court in Patrolman X confronted the precise issue that we must address in the present case: whether Civ.R. 15(D) requires service of the original summons and complaint, or the amended complaint, within one year of the filing of the original complaint. But appellee relies on the case for support of its position because the court of common pleas stated, "in order to have properly commenced this action against Weigand, the plaintiff would have had to amend the complaint and properly name Weigand within one year of the filing of the original complaint, in December 1992, or before the statute of limitations ran, in December 1992 or early 1993." Id. at 405.