SCHROCK v. ALBERT EINSTEIN MED. CTR.


527 Pa. 191 (1991)

589 A.2d 1103

Joseph R. SCHROCK, Appellee, v. ALBERT EINSTEIN MEDICAL CENTER, DAROFF DIVISION and Joseph L. Chapman, M.D. Appeal of ALBERT EINSTEIN MEDICAL CENTER, DAROFF DIVISION.

Supreme Court of Pennsylvania.

Decided April 16, 1991.


Attorney(s) appearing for the Case

Robert J. Casey, Jr., Philadelphia, for appellant.

Jeffrey A. Hulton, James R. Farley, Pittsburgh, for Amicus — Pennsylvania Defense Institute.

Ronald L. Wolf, Philadelphia, and Stephen Pokiniewski, West Chester, for appellee.

Paul R. Anapol, David S. Lubin, Philadelphia, for Amicus — Pennsylvania Trial Lawyers Ass'n.

Before LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

LARSEN, Justice.

The issues raised by this appeal are: 1) whether Superior Court erred in applying revised Rule 238 (Pa.R.Civ.Proc. Rule 238, Damages for Delay in an Action for Bodily Injury, Death or Property Damage, effective Nov. 7, 1988) to a case in which delay damages had been determined prior to the effective date of the revised Rule and pursuant to this Court's holding in Craig v. Magee Memorial Rehabilitation Center,...

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