Applicability of the “Relation-Back Doctrine”

An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint against the defendant, Bailey. In the complaint, the appellants asserted a negligence claim against Bailey, alleging that Bailey was operating a motor vehicle when she negligently collided into a vehicle operated by Jon Emory. The appellants filed a motion for leave to file an amended complaint on December 10, 2021, seeking to “add” appellee Dustina Powelson as a defendant. In their motion, the appellants alleged that Bailey’s new counsel informed them that Bailey was not the driver of the vehicle when the accident occurred. The motion was granted, and the amended complaint was deemed filed on December 13, 2021. In their amended complaint, the appellants asserted a negligence claim against Powelson and a negligent entrustment claim against Bailey. In her answer, Powelson asserted statute of limitations as an affirmative defense and then filed a motion to dismiss. The appellants argued Civil Rule 15(C) permits the amended complaint to relate back to the date of the original complaint, which was filed within the statute of limitations. The court sided with Powelson, stating that C.R. 15(C) may be employed to substitute a party named in the amended pleading for a party misidentified in the original pleading to permit the amended pleading to relate back to the date of the original pleading, provided the requirements of the rule are otherwise satisfied. However, the rule may not be employed to assert a claim against an additional party while retaining a party against whom a claim was asserted in the original pleading. 

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