Grim v. Betz

The majority finds that an order denying the appellant’s petition for leave to file an amended pleading, asserting plaintiffs’ contributory negligence and assumption of the risk, is a final and appealable order. Under our current rules and case law, contributory negligence and assumption of the risk are affirmative defenses which are waived if not raised in new matter. Pa.R.Civ.P. 1030, 1082, Grota v. La Boccetta, 425 Pa. 620, 230 A.2d 206 (1967).

Furthermore, an immediate appeal must be sought. “[X]f review is postponed until final judgment in the case, the claimed right will be irreparably…