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LAUDENBERGER v. PORT AUTH. OF ALLEGHENY

496 Pa. 52 (1981)

436 A.2d 147

Rexford LAUDENBERGER, Appellant, v. PORT AUTHORITY OF ALLEGHENY COUNTY, and Arthur R. Carter, and Frederick E. Bucheit.

Supreme Court of Pennsylvania.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Homer W. King, Pittsburgh, for appellant.

David S. Shrager, Shrager, McDaid & Loftus, P.C., Philadelphia, for amicus curiae — Pa. Trial Lawyers Association.

Warren G. Ferry, Arthur R. Carter, Pittsburgh, for Port Authority.

James R. Coyne, Pittsburgh, for Frederick E. Bucheit.

Edward P. Zemprelli, Clairton, for amicus curiae — Insurance Federation of Pennsylvania.

Theodore W. Flowers, Ronald J. Restrepo, Philadelphia, for amicus curiae — Ins. Co. of N. America.

Before O'BRIEN, C.J., ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

O'BRIEN, Chief Justice.

Today we are called upon to determine the constitutionality of Pa.R.C.P. 238, promulgated by this Court pursuant to our constitutional rule-making authority. Rule 238 pertains to prejudgment interest granted in certain instances to plaintiffs who receive jury verdicts in excess of any settlement offer made by a defendant prior to trial. The trial court in the instant case held this rule to be unconstitutional...

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