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MARTIN v. EASTERN AIRLINES, INC.

No. 92-3672.

630 So.2d 1206 (1994)

George D. MARTIN and Iris Martin, Appellants, v. EASTERN AIRLINES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

January 19, 1994.

Attorney(s) appearing for the Case

Michael A. Lewis of Law Offices of Gary, Williams, Parenti, Finney & Lewis, Stuart, for appellants.

Thomas E. Ice of Barwick, Dillian & Lambert, P.A., Miami Shores, for appellee.

POLEN, Judge.

In what appears to be a case of first impression in the Florida state appellate courts, we are asked to determine whether George and Iris Martin's claims for damages due to the alleged negligence of Eastern Airlines is preempted by the preemption provision of the Federal Aviation Act, Title 49 U.S.C.App. § 1305(a)(1). Not only do we hold that preemption is an affirmative defense which Eastern should have raised in the answer to the complaint, we...

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