Marble v. Fred Hill & Son

McEWEN, Judge,

dissenting:

While the Opinion of the majority reflects a careful analysis and precise rationale, I am compelled to the view that appellant, Louisville Ladder Company, by reason of the decision of this Court in Horowitz v. Universal Underwriters Ins. Co., 397 Pa.Super. 473, 580 A.2d 395 (1990), should have been permitted to amend its new matter to assert the statute of limitations as an affirmative offense.