JIM'S STEAK HOUSE, INC. ET AL., APPELLANTS, v. CITY OF CLEVELAND, APPELLEE., 81 Ohio St. 3d 18

The restaurant owners filed an action, alleging damages caused by the city's closing of a bridge which was a main thoroughfare to its business establishment. The restaurant owners alleged that the closing of the bridge for over six years interfered with its business. After several unsuccessful attempts to obtain a monetary judgment, the restaurant owners finally obtained relief on its last attempt. The city sought to dismiss the award raising the doctrine of res judicata as a defense for the first time on appeal. The appellate court granted the city's motion and remanded the action. The court held that while res judicata was the bone of contention between the parties in the court of appeals, the restaurant owners should have prevailed because the city never filed an answer to their amended complaint and therefore waived its opportunity even to raise res judicata as an affirmative defense.