Topazio v. Acme Co.

Vukovich, Presiding Judge.

{¶ 1} Plaintiffs-appellants Michael and Marilyn Topazio appeal the decision of the Mahoning County Common Pleas Court granting summary judgment in favor of defendant-appellee, the Acme Company. The issue on appeal is whether Acme waived the argument concerning the violation of the saving statute or whether the raising of the affirmative defense of statute of limitations in an answer is sufficient to comply with Civ.R. 8(C). For the following reasons, we conclude that the failure to specifically raise the saving statute in an answer does not constitute waiver when the…