Staats v. Noll

OLSZEWSKI, Judge:

This is an appeal from an order denying a petition to award delay damages pursuant to Pa.R.C.P. 238. The issue presented on appeal is whether the trial court erred in determining that appellants were not entitled to delay damages when appellants claim they were without fault, and when appellees failed to make any written settlement offer during the interim between the incident and trial. We remand to the trial court for assessment of delay damages in accordance with the new Rule 238, effective November 7, 1988.

Appellants’ decedent, Earl Staats, died on September 3, 1983. On…