Fox v. Byrne

CIRILLO, President Judge:

Must a plaintiff file a responsive pleading to new matter in a defendant’s answer which raises the statute of limitations as an affirmative defense, when the plaintiff’s complaint states facts indicating that the statute should be extended via application of the discovery rule?

*72The Court of Common Pleas of Montgomery County granted defendant’s, Dr. Robert Byrne and Norristown Surgical Associates, motion for judgment on the pleadings since the plaintiffs, James and Angela Fox, failed to respond to such new matter. Because we find that the answer to the question posed…