Fickes v. Kirk, 2006-T-0094 (11-9-2007)

{¶ 21} The Fickes raise many arguments in support of their assignment. They assert that set-off is an affirmative defense governed by Civ.R. 8(C), which Ms. Kirk waived by failing to raise in her answer. They maintain both that the record lacks any evidence probative of the alleged arbitration award, and that such an award would be unenforceable against them, since they were not parties to any arbitration proceedings. They note that State Farm was not a party to this action, and contend that any arbitration award against it in favor of Mrs. Fickes' insurer is unrelated to their tort action…