King v. Southeastern Pennsylvania Transportation Authority

I dissent on the basis of our en banc opinion per curiam in Ceresini v. Valley View Trailer Park, Ephrata, Inc., 380 Pa.Super. 416, 552 A.2d 258 (1988) which held that new Rule 238 “applies to all actions pending at the trial level, or on appeal, in which the issue of delay damages has been preserved and not finally determined, as in this case.”

The majority opinion now holds that where the defendant against whom delay damages have been awarded has appealed, and the plaintiff having received delay damages does not appeal, then Ceresini should not be followed and there should be no remand for…