Rule 19.1 Compulsory Joinder

(A) Persons to be joined A person who is subject to service of process shall be joined as a party in the action, except as provided in division (B) of this rule, if the person has an interest in or a claim arising out of the following situations:

(1) Personal injury or property damage to the person or property of the decedent which survives the decedent’s death and a claim for wrongful death to the same decedent if caused by the same wrongful act;

(2) Personal injury or property damage to a spouse and a claim of the other spouse for loss of consortium or expenses or property damage if caused by the same wrongful act;

(3) Personal injury or property damage to a minor and a claim of the parent or guardian of the minor for loss of consortium or expenses or property damage if caused by the same wrongful act;

(4) Personal injury or property damage to an employee or agent and a claim of the employer or principal for property damage if caused by the same wrongful act.

(5) Personal injury to a parent and a claim of an adult emancipated child of the parent for loss of parental consortium if caused by the same wrongful act.

If the person has not been so joined, the court, subject to division (B) of this rule, shall order that the person be made a party upon timely assertion of the defense of failure to join a party as provided in Civ.R. 12(B)(7). If the defense is not timely asserted, waiver is applicable as provided in Civ.R. 12(G) and (H). If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. In the event that such joinder causes the relief sought to exceed the jurisdiction of the court, the court shall certify the proceedings in the action to the court of common pleas.

(B) Exception to compulsory joinder If a party to the action or a person described in s division (A) shows good cause why that person should not be joined, the court shall proceed without requiring joinder.

(C) Pleading reasons for nonjoinder A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in divisions (A)(1), (2), (3), or (4) of this rule who are not joined, and the reasons why they are not joined.

(D) Exception of class actions This rule is subject to the provisions of Rule 23.