Legal Opinion

Cresci Construction Services, Inc. v. Martin

Superior Court of Pennsylvania

Decided March 28, 2013PublishedCited by 55 opinions

1Opinion of the Court

OPINION BY FITZGERALD, J.:

Appellant, James H. Martin, appeals from the June 10, 2011 judgment entered in the Luzerne County Court of Common Pleas. He challenges the trial court’s decision to deny him attorney’s fees and prejudgment interest on the jury’s award of monetary damages. We hold that Appellant failed to establish that the jury’s award represented a liquidated or ascertainable amount owed under the contract such that prejudgment interest should be awarded as a matter of right. We further hold that Appellant failed to demonstrate that the trial court abused its discretion by deciding…

2Cases cited23 opinions

  1. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  2. Daset Mining Corp. v. Industrial Fuels Corp.Supreme Court of Pennsylvania · 1984
  3. AM/PM Franchise Ass'n v. Atlantic Richfield Co.Supreme Court of Pennsylvania · 1990
  4. Penneys v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1962
  5. TruServ Corp. v. Morgan's Tool & Supply Co.Supreme Court of Pennsylvania · 2012

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3Cited by55 opinions

  1. McEwing v. Lititz Mutual InsuranceSuperior Court of Pennsylvania · 2013
  2. Century Indemnity Co. v. OneBeacon Insurance Co.Superior Court of Pennsylvania · 2017
  3. Krishnan v. Cutler Group, Inc.Superior Court of Pennsylvania · 2017
  4. Andrews v. Cross Atlantic Capital Partners, Inc.Superior Court of Pennsylvania · 2017
  5. Ely, M. v. Susquehanna Aquacultures, Inc.Superior Court of Pennsylvania · 2015

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