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BOWMAN v. MATTEI

309 Pa.Super. 486 (1983)

455 A.2d 714

James BOWMAN, Appellant, v. Frank A. MATTEI, M.D., St. Luke's and Children's Medical Center, Charles Sovetsky, D.O., Isadore J. Wessell, M.D., and Harry Wexlar, M.D.

Superior Court of Pennsylvania.

Filed January 28, 1983.

Attorney(s) appearing for the Case

Stephen M. Feldman, Philadelphia, for appellant.

John J. O'Brien, Jr., Philadelphia, for appellees.

Before BROSKY, WIEAND and BECK, JJ.

WIEAND, Judge:

Does a failure to file a reply constitute the admission of an averment contained in new matter that the cause of action alleged in the complaint "is barred by the . . . statute of limitations?" The trial court held that a failure to file a reply was such an admission and summarily dismissed an action for personal injuries which, in fact, had been commenced within two years of the injury. We reverse...

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