Snelsire v. Moxon

I cannot join the Majority’s conclusion that the award of delay damages is to be affirmed against the appellant (Moxon), despite the trial court’s determination, following a hearing on the matter, that neither the appellee nor the appellant was found to be “at fault” in bringing the case to completion.

The trial court conducted a hearing on the delay damages question in compliance with the dictates of Craig v. Magee Memorial Rehabilitation Center, 512 Pa. 60, 515 A.2d 1350 (1986), an opinion in which the Supreme Court noted that the imposition of delay damages without a finding of fault…