OPINION OF THE COURT
HERBERT KRAMER, J.
Does the failure to plead the immunity contained in 49 USC § 30106 (the Graves Amendment) in the defendant's answer waive said immunity? This court holds that the defendant has not waived the affirmative defense of the Graves Amendment by failing to plead it in its answer because the plaintiff has not been prejudiced by any surprise and has had a full opportunity to litigate the issue before the court.
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