Opinion
No. 2007-1372 and 2007-1373.
October 2, 2007.
Trumbull App. No. 2006-T-0032, 2007-Ohio-2856. On review of orders certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 5 of the court of appeals' Judgment Entry filed June 29, 2007:
"Does the Ohio savings statute, R.C. 2305.19(A), apply to an action where plaintiff fails to comply strictly with the requirements of Civ. R. 15(D) in serving the original complaint?"
MOTION AND PROCEDURAL RULINGS
Pfeifer, J., dissents.
The conflict cases are Kramer v. Installations Unlimited, Inc. (2002), 147 Ohio App.3d 350, Permanent Gen. COS Ins. Co. v. Corrigan (May 24, 2001), Cuyahoga App. No. 78290, and Mustric v. Penn Traffic Corp. (Sept. 7, 2000), Franklin App. No. 00AP-277.
Sua sponte, cause consolidated with 2007-1199, LaNeve v. Atlas Recycling, Inc., Trumbull App. No. 2006-T-0032, 2007-Ohio-2856.