Opinion
October 29, 1997.
Petition No. 348 W.D. Alloc. Dkt. 1997, for Allowance of Appeal from the Order and Memorandum Opinion of the Commonwealth Court, 695 A.2d 987.
Robert Goldman for petitioner.
ORDER
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.