Bonfitto v. Nationwide Mutual Insurance

Dissenting Opinion by

Flood, J.:

The court below held, I think correctly, that since res judicata had not been pleaded, the only matter before it was the application of the Statute of Limitations. See Lang v. Recht, 171 Pa. Superior Ct. 605, 91 A. 2d 313 (1952). Both counsel acquiesced in this and in their briefs and their oral argument addressed themselves only to the proper determination of the date from which the statute began to run.

The majority opinion has not discussed the question of the Statute of Limitations but has rested this court’s decision upon the law of the case. I respectfully…