Musumeci v. Penn's Landing Corp.

BECK, Judge:

The issue we decide, inter alia, is whether delay damages pursuant to Pennsylvania Rule of Civil Procedure 238 are recoverable in a case under the federal maritime law. We hold that Rule 238 damages are not recoverable.

This appeal involves the claim of Ann Musumeei for injuries sustained when the ramp used to exit a cruise ship collapsed, and the claim of her husband, Salvatore, for loss of consortium. The defendants, Penn’s Landing Corporation, Chandris S.A., and Ajax Navigation Corporation, conceded liability, and the Musumecis’ lawsuit was consolidated for trial on the issue of…