Legal Opinion
Whitener v. Washington Metropolitan Area Transit Authority
District of Columbia Court of Appeals
Decided February 25, 1986No. 85-325PublishedCited by 29 opinions
1Opinion of the Court
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 of limitations by failing to raise it in its answer, and that it was proper for the trial court to grant the motion for…
2Cases cited16 opinions
- Jackson v. District of ColumbiaDistrict of Columbia Court of Appeals · 1980
- Kurt Strauss v. Douglas Aircraft Co.Court of Appeals for the Second Circuit · 1968
- Goldkind v. Snider Bros., Inc.District of Columbia Court of Appeals · 1983
- Scoggins v. JudeDistrict of Columbia Court of Appeals · 1980
- Roe v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 1943
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Executive Sandwich Shoppe, Inc. v. Carr Realty Corp.District of Columbia Court of Appeals · 2000
- JAIYEOLA v. District of ColumbiaDistrict of Columbia Court of Appeals · 2012
- Johnson v. Fairfax Village Condominium IV Unit Owners Ass'nDistrict of Columbia Court of Appeals · 1994
- Federal Marketing Co. v. Virginia Impression Products Co.District of Columbia Court of Appeals · 2003
- District of Columbia v. TinkerDistrict of Columbia Court of Appeals · 1997
24 more not listed; retrieve them via the Exa API.