LaBarbera v. Batsch

Broadly stated, the issue in this case concerns the relationship between the saving statute, Section 2305.19, Revised Code, and the principle of res judicata. More precisely, the question is whether a case wherein final judgment has been rendered for the defendant on the ground that the action was not commenced within the period prescribed by statute, which judgment was appealed from and affirmed and further appeal rights have long since expired, can be rebrought under Section 2305.19, Revised Code.

Although defendant’s first defense does not specifically set forth that it is a defense of res…