Devine v. Hutt

OPINION BY

GANTMAN, J.:

¶ 1 Appellants, Alma Devine and Thomas Devine, ask us to determine whether the trial court erred in granting summary judgment in favor of Appellee, Gordon H. Hutt, M.D. in this medical malpractice action.1 We hold Appellants waived their challenge to Appellee’s affirmative defense of the statute of limitations, for failure to file a reply to Appellee’s new matter. Further, Appellants’ argument on appeal is unreviewable for the additional reason that it was not presented to the trial court in their opposition to Appellee’s motion for summary judgment. Accordingly,- we…