ZK Results – Attorneys Ryan A. Zeli and Brian M. Lucot obtain Dismissal for Industrial Food & Beverage Manufacturer and Supplier in Ohio Lawsuit
Zimmer Kunz recently represented an Industrial Food & Beverage Manufacturer and Supplier (Supplier) that was joined to a civil litigation action in July 2022, in Tuscarawas County, Ohio. The lawsuit focused on the Plaintiff’s accident and injuries in a supermarket, which occurred on August 7, 2019. Upon being joined, on behalf of Supplier, Zimmer Kunz filed a Rule 12(B)(6) Motion to Dismiss based on Plaintiff’s failure to commence her action within the applicable statute of limitations. Specifically, in its Motion to Dismiss, Zimmer Kunz argued on behalf of Supplier that Plaintiff’s action against it was not timely filed, and that Plaintiff failed to comply with Ohio Rule of Civil Procedure, Rule 15(D) – relating to the unknown name of parties at the time of filing suit. In particular, Supplier argued that Plaintiff failed to provide sufficient information in the Original Complaint to comply with Rule 15(D), as she did not aver in the Complaint that the name of the defendant could not be discovered and a summons containing the words “name unknown” was not issued and personally served on the defendant. After hearing oral arguments on Supplier’s Motion to Dismiss, the Trial Court in Tuscarawas County, Ohio, issued a Decision and Order granting the Motion to Dismiss. As such, the Trial Court dismissed with prejudice Plaintiff’s Second Amended Complaint for Personal Injuries against the Supplier. Plaintiff did not appeal the Trial Court’s Decision and Order.
