PATITUCCI v. LAVERTY


394 Pa.Super. 565 (1990)

576 A.2d 992

Anthony and Marlene PATITUCCI, Individually and as Parents and Natural Guardians of James Patitucci, A Minor v. Thomas W. LAVERTY and Peter M. Pino. Appeal of NATIONWIDE INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed June 6, 1990.


Attorney(s) appearing for the Case

Frederick C. Fletcher, III, Philadelphia, for appellant.

Robert M. Sitoski, Philadelphia, for appellee.

Alan C. Ostrow, Asst. City Sol., Philadelphia, for City of Philadelphia, participating party.

Before McEWEN, MONTEMURO and KELLY, JJ.


MONTEMURO, Judge:

This is an appeal filed by the Nationwide Insurance Company. Nationwide challenges the trial court's imposition of sanctions under Philadelphia Local Rule 170 for unreasonable refusal to settle. Nationwide argues that the trial court abused its discretion in finding that Rule 170 applies under the circumstances of the present case. Further, Nationwide contends that Rule 170 is unconstitutional. We reverse.

In July of 1979, James Patitucci...

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