Philadelphia Front Page News Personal Injury Legal News In Brief: Pa. Court Denies Procedurally Deficient Request for Delay Damages in $4.1M Personal Injury Verdict forwarded by The Legal Intelligencer frontpagenews1@yahoo.com
Above: Superior Court of Pennsylvania, 601 Commonwealth Ave #1600
The majority concluded Arreguin's request failed as she didn't comply
with Pennsylvania Rule of Civil Procedure Rule 238(c)'s holding that a
motion for delayed damages must begin with a scripted notice.
In a matter of first impression, the Pennsylvania Superior Court shot down the plaintiff's request for delay $4 million in damages, finding her motion procedurally deficient.
In a Tuesday opinion, the Pennsylvania Superior Court denied Maria Esther Arreguin's attempts to appeal a trial court decision denying her motion for delay damages. The appellate court affirmed the Philadelphia County Court of Common Pleas' conclusion, citing Arreguin's failure to comply with Pennsylvania Rule of Civil Procedure Rule 238(c), which says that a motion for delayed damages must begin with a scripted notice. Judge Megan Sullivan authored the opinion and was joined by Judge Alice B. Dubow. Judge Victor P. Stabile issued a dissenting opinion.
In Arreguin v. Kinsing, the majority affirmed the trial court's decision to deny Arreguin's motion as it didn't follow Rule 238(c)'s requirement that the motion begin with the notice: "You are hereby notified to file a written answer to the attached motion for delay damages within twenty days from the filing of the motion or the delay damages sought in the motion may be added to the verdict or decision against you."
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