STAATS v. NOLL


381 Pa.Super. 162 (1989)

553 A.2d 85

Norman STAATS, Administrator of the Estate of Earl Staats, a Minor, and Norman and Judith Staats, Appellants, v. William B. NOLL and Evangeline Noll, husband and wife, and Anthony P. Kilpatrick, Appellees.

Supreme Court of Pennsylvania.

Filed January 19, 1989.


Attorney(s) appearing for the Case

Arthur L. Pressman, Philadelphia, for appellants.

Nicholas Noel, III, Bethlehem, for appellees.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, ROWLEY, McEWEN, OLSZEWSKI, MONTEMURO, POPOVICH and JOHNSON, JJ.


OLSZEWSKI, Judge:

This is an appeal from an order denying a petition to award delay damages pursuant to Pa.R.C.P. 238. The issue presented on appeal is whether the trial court erred in determining that appellants were not entitled to delay damages when appellants claim they were without fault, and when appellees failed to make any written settlement offer during the interim between the incident and trial. We remand to the trial court for assessment of delay damages...

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