Winterhalter v. West Penn Power Co.

HESTER, Judge:

In this appeal, appellants argue that the lower court improperly granted a motion to amend in order to plead a new defense, and a motion for summary judgment filed by appellee Asplundh Tree Expert Company, Inc. (hereinafter “Asplundh”). Appellants contend that the pleadings were closed and, alternatively, that the defense of scope of employment asserted in the motion to amend had been waived. 1 The entry of summary judgment, which was based on that defense, must therefore be reversed, according to appellants. Having reviewed the arguments we affirm in part and reverse in part.

Thi…