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10/29/97 FRANK M. HALL v. BETTY K. COURTNEY

October 29, 1997

FRANK M. HALL, JR., PETITIONER,
v.
BETTY K. COURTNEY, INDIVIDUALLY, AND AS ADMINISTRATRIX FOR THE ESTATE OF RICHARD P. COURTNEY, DECEASED, ROBERT DAVID CORNMAN, TAMMY L. CORNMAN AND THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENTS.



Original Opinion of May 7, 1997,

Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Commonwealth Court.

ORDER

PER CURIAM:

AND NOW, this 29th day of October, 1997, the Petition for Allowance of Appeal is GRANTED limited to whether the sudden emergency doctrine constitutes an affirmative defense so that failing to plead it under New Matters in accord with Pa. R.C.P. 1030 results in a waiver of the defense at trial. This case is to be orally argued.

19971029

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