Waller Corp. v. Warren Plaza, Inc.

CONCURRING AND DISSENTING OPINION BY

BENDER, P.J.E.

Respectfully, I dissent. I agree with the learned Majority that Appellant, Warren Plaza, Inc. is hable to Waller Corporation (Waller) for compensatory damages and interest based upon its breach of contract. However, in my view, the Majority errs in affirming the trial court’s award of attorney fees.

*320First, the Majority disregards the binding precedential value of Zimmerman v. Harrisburg Fudd I, L.P., 984 A.2d 497 (Pa.Super.2009), opting instead to reinterpret the merely persuasive, federal authority upon which the Zimmerman panel based its…