Albert v. Denito

BECKERT, J.,

On March 30, 1983 the undersigned entered an order denying plaintiff ’s motion to add damages for delay under Pa.R.C.P. 238, following a hearing and entry of an award of money damages in plaintiff’s favor by a board of arbitrators on January 20, 1983. From our order, plaintiff has appealed to the Superior Court.

The issue before us is whether a board of arbitrators’ award can be amended by this court’s supplemental determination that further damages should be awarded for delay in a tort action pursuant to Rule 238. Here, there is no question as to whether Rule 238 was appropriate,…