Feldman v. Hoffman

DISSENTING OPINION BY

President Judge PELLEGRINI.

I respectfully dissent because we have no authority to overrule the express provisions of the Rules of Civil Procedure.

There is no dispute that immunity is an affirmative defense. The question here is whether it can be raised in a preliminary objection or as New Matter. The Pennsylvania Rules of Civil Procedure are clear that as an affirmative defense, immunity must be raised in an Answer under New Matter, not as a preliminary objection. Pa. R.C.P. No. 1030 provides:(a) Except as provided by subdivision(b), all affirmative defenses including but…