apologees

click on HOME under your login, then friends blogs. you can click the ALL button there to see them all at once or leave it as it to see snip-its

i would say no to your question. an affirmative defense or avoidance is essentially stating that even if what the plantiff states is true, i, the defendant still win. a statute limiting non-economic injuries based on professional negligence restricts what a plantiff can recovery if the plaintiff is successful on the merits of their suit, but does not allow a defendant to avoid responsibility for his actions. however, to be safe, I would listed in my responsive pleadings to the plaintiff's complaint because my failure to do so could bar me from arguing it later. See FRCP 8(d).