Jazbinsek v. Chang

HUDOCK, Judge:

Defendants Shu Jen Chang and Chen Tu Ou (Chang/Ou) appeal the judgment entered in favor of Plaintiff Raymond Jazbinsek (Jazbinsek) after a jury found them to be 35 percent causally negligent for his injuries. 1 The Honorable Livingston M. Johnson molded the verdict of $72,000.00 to reflect the proportionate liability of the defendants. Upon Jazbinsek’s request, Judge Johnson also assessed delay damages according to the proportionate liability of the defendants and Rule 238 of the Pennsylvania Rules of Civil Procedure, 42 Pa.C.S. (Purdon 1987 & Supp.1991). We reverse.

This case…