KORN v. CONSOLIDATED RAIL CORP.


355 Pa.Super. 170 (1986)

512 A.2d 1266

Rita KORN, Appellant, v. CONSOLIDATED RAIL CORPORATION and Bernard Kirshbaum, Appellees. Rita KORN v. CONSOLIDATED RAIL CORPORATION and Bernard Kirshbaum. Appeal of CONSOLIDATED RAIL CORPORATION.

Supreme Court of Pennsylvania.

Filed July 22, 1986.


Attorney(s) appearing for the Case

Sarah M. Thompson, Philadelphia, for appellant (at 2202) and appellee (at 2375).

Marilyn Monaco, Broomall, for appellee (at 2202) and appellant (at 2375).

Before CIRILLO, President Judge, and ROWLEY and WIEAND, JJ.


WIEAND, Judge:

The principal issue in this appeal is whether a non-settling defendant whose causal negligence has been found to be 35% should be required to pay Rule 2381 damages on the total amount of damages awarded to the plaintiff or only upon the portion thereof which the non-settling defendant is required to pay. The trial court determined the amount of the delay damages by reference to the portion of the award which the non-settling...

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