Hull v. Tolentino

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

The issue presented for our consideration by this case is whether a pre-trial order which precludes a party from asserting an affirmative defense is final and thus appeal-able.

Appellee, Barbara Hull, was injured in an automobile accident on February 25, 1982. Approximately one year later, she executed a release in the amount of $93,000, discharging the driver of the vehicle which struck her and discharging “all other persons ... who might be liable ... on account of ... any and all known and unknown personal injuries and property…