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FOX v. BYRNE

363 Pa.Super. 70 (1987)

525 A.2d 428

James P. FOX and Angela Fox, husband and wife, Appellants, v. Robert J. BYRNE, M.D. and Norristown Surgical Associates, Incorporated, Appellees. (Two Cases)

Supreme Court of Pennsylvania.

Filed April 29, 1987.

Attorney(s) appearing for the Case

Beth Liss Shuman, Philadelphia, for appellants.

Alan K. Cotler, Philadelphia, for appellees.

Before CIRILLO, President Judge, and ROWLEY and HOFFMAN, JJ.

CIRILLO, President Judge:

Must a plaintiff file a responsive pleading to new matter in a defendant's answer which raises the statute of limitations as an affirmative defense, when the plaintiff's complaint states facts indicating that the statute should be extended via application of the discovery rule?

The Court of Common Pleas of Montgomery County granted defendant's, Dr. Robert Byrne and Norristown Surgical...

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