February 5, 2019
The Ohio Sixth District Court of Appeals unanimously affirmed summary judgment in favor of RCO Law’s healthcare client due to the plaintiff’s inappropriate use of multiple “John Doe defendants” to avoid the statute of limitations. In a comprehensive analysis rejecting the tactic, the Court of Appeals detailed the limited circumstances in which Ohio law allows use of John Doe defendants, and emphasized that failure to follow the strict requirements for doing so forfeits use thereof. In so doing, the Court both clarified the oft-misused John Doe procedural device, and reinforced the public policy imperatives protected by the enforcement of statutes of limitations.
The appeal was briefed and argued by RCO Law Attorney Chad M. Thompson, with support from Attorney Kayla L. Henderson.