Berry v. Anderson

OPINION OF THE COURT

ROWLEY, Judge:

This is an appeal from an Order that appellant Anne M. Anderson pay delay damages to appellee Theodore M. Berry in addition to compensatory damages awarded by a jury. We hold that the trial court erred in imposing delay damages after February 25, 1982 without first conducting an evidentiary hearing to ascertain the appellant’s financial status from February 25, 1982 until the date of the verdict. For the purpose of the following discussion, we will assume that the facts stated in appellant’s new matter are true and that she is indigent. Of course, appellant…