Opinion
No. 39323
Decided December 1, 1965.
Summons — Tort action for personal injuries — Minor erroneously served as adult — Proper service not had within statutory period — Cause dismissed.
APPEAL from the Court of Appeals for Mahoning County.
This is an action to recover damages for personal injuries resulting from a motor vehicle collision. The defendant, a minor at the time suit was brought, was served with summons as an adult. Defendant filed an answer, and, while the action was pending, depositions were taken, at which taking defendant was represented by counsel.
After the statute of limitations had run on the claim and before the case came on for trial, plaintiff discovered the then minority of defendant and caused an alias summons to be served on defendant's father and upon defendant.
A motion to quash service of summons was filed for the reason that defendant had not been properly served as a minor within the two-year statutory period. The trial court sustained the motion.
The Court of Appeals reversed the judgment of the trial court and remanded the cause for further proceedings.
Mr. Martin S. Goldberg, for appellee.
Messrs. Pfau, Pfau Comstock, for appellant.
The judgment of the Court of Appeals is reversed on authority of Juhasz v. Corson, 171 Ohio St. 218. See, also, Bobo v. Bell, 171 Ohio St. 311.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and SCHERER, JJ., concur.
SCHERER, J., of the Second Appellate District, sitting for BROWN, J.