Legal Opinion
Touloumes v. E.S.C. Inc.
Supreme Court of Pennsylvania
Decided June 19, 2006No. 33 MAP 2004PublishedCited by 35 opinions
1Opinion of the Court
OPINION
Chief Justice CAPPY.
In this appeal by allowance, we are called upon to review the limited issue of whether Pennsylvania Rule of Civil Procedure 238, Pa.R.C.P. No. 238, which speaks to the availability of delay damages in certain civil actions, permits delay damages in a breach of contract action involving the damage to property. We conclude that it does not. Thus, we affirm the order of the Superior Court.
A contract for roofing work serves as the basis of the underlying litigation. Specifically, in 1994, Appellee E.S.C., Inc., (“ESC”) entered into a contract with Appellants Demetrios…
2Cases cited14 opinions
- Laudenberger v. Port Auth. of AlleghenySupreme Court of Pennsylvania · 1981
- Busik v. LevineSupreme Court of New Jersey · 1973
- Buffalo Township v. JonesSupreme Court of Pennsylvania · 2002
- Gardner v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2005
- Penneys v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1962
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3Cited by35 opinions
- Bruno, D., Aplts. v. Erie InsuranceSupreme Court of Pennsylvania · 2014
- Commonwealth v. BrownSupreme Court of Pennsylvania · 2012
- Commonwealth v. McClinticSupreme Court of Pennsylvania · 2006
- Travelers Casualty & Surety Co. v. Insurance Co. of North AmericaCourt of Appeals for the Third Circuit · 2010
- Commonwealth v. OstroskySupreme Court of Pennsylvania · 2006
30 more not listed; retrieve them via the Exa API.