WHITENER v. WASHINGTON METROPOLITAN AREA

No. 85-325.

505 A.2d 457 (1986)

Alonzo WHITENER, et al., Appellants, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee.

District of Columbia Court of Appeals.

Decided February 25, 1986.


Attorney(s) appearing for the Case

Manuel Auerbach, was on brief, for appellants.

Jordan S. Himelfarb, Washington, D.C., was on brief, for appellee.

Before MACK, BELSON and TERRY, Associate Judges.


TERRY, Associate Judge:

The sole issue to be decided on this appeal is whether appellee waived its right to assert the statute of limitations as a bar to appellants' claim when it did not affirmatively plead the statute in its answer to the complaint, but raised it for the first time seven months later in a motion for judgment on the pleadings. Because appellants made no showing of prejudice, and the record discloses none, we hold that appellee did not waive the statute...

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