Rekun v. Pelaez

OPINION BY

KLEIN, J.:

¶ 1 Tiffany Rekun, the Administratrix of the Estate of Neil Rekun, initially filed suit against Carl Pelaez after Neil Rekun was killed while riding a motorcycle when hit by Pelaez. Ultimately, the parties agreed to binding arbitration before former Court of Common Pleas Judge Thomas Raup. Judge Raup found Neil Rekun 60% negligent and Carl Pelaez 40% negligent and determined the damages to be $800,000. The parties agreed on a cap on damages of $100,000.

¶ 2 Pelaez filed a motion to confirm the arbitrator’s award because under Pennsylvania’s Comparative Negligence Act, a…