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MUSUMECI v. PENN'S LANDING CORP.

433 Pa.Super. 146 (1994)

640 A.2d 416

Ann MUSUMECI and Salvatore Musumeci, H/W v. PENN'S LANDING CORPORATION, Port of History Museum, Chandris Fantasy Cruises, Chandris, S.A., Ajax Navigation Corporation, Philadelphia Port Corp., and International Terminal Operations. Appeal of CHANDRIS, S.A. and Ajax Navigation Corporation. Ann MUSUMECI and Salvatore Musumeci, Appellants, v. PENN'S LANDING CORP., Port of History Museum, Chandris Fantasy Cruises, Philadelphia Port Corp. International Terminal Operations, Chandris, S.A., and Ajax Navigation. Loretta Anne MANNINO and Vincent Mannino v. PORT OF HISTORY MUSEUM, Chandris Fantasy Cruises, Philadelphia Port Corporation International Terminal Operations, Chandris, S.A. and Ajax Navigation. Loretta Anne MANNINO and Vincent Mannino v. PENN'S LANDING CORPORATION, Chandris Cruise Line Corporation. Appeal of PENN'S LANDING CORPORATION. Loretta Anne Mannino and Vincent Mannino, Appellants, v. PORT OF HISTORY MUSEUM, Chandris Fantasy Cruises, Philadelphia Port Corporation International Terminal Operations, Chandris, S.A. and Ajax Navigation. Loretta Anne Mannino and Vincent Mannino, Appellants, v. PENN'S LANDING CORPORATION, Chandris Cruise Line Corporation. Loretta Anne MANNINO and Vincent Mannino, H/W v. PENN'S LANDING CORPORATION, Port of History Museum Chandris Fantasy Cruises, Chandris, S.A., Ajax Navigation Corporation, Philadelphia Port Corp., and International Terminal Operations. Appeal of CHANDRIS, S.A. and Ajax Navigation Corporation.

Superior Court of Pennsylvania.

Filed March 2, 1994.

Reargument Denied May 11, 1994.

Attorney(s) appearing for the Case

Matthew P. Harrington, Philadelphia, for Chandris, S.A. and Ajax.

James R. Kahn, Philadelphia, for Mannino.

Stewart Bernstein, Philadelphia, for Musumeci.

Angelo L. Scaricamazza, Jr., Philadelphia, for Penn's Landing.

Gino Zonghetti, pro se.

Before BECK, TAMILIA and HESTER, JJ.

BECK, Judge:

The issue we decide, inter alia, is whether delay damages pursuant to Pennsylvania Rule of Civil Procedure 238 are recoverable in a case under the federal maritime law. We hold that Rule 238 damages are not recoverable.

This appeal involves the claim of Ann Musumeci for injuries sustained when the ramp used to exit a cruise ship collapsed, and the claim of her husband, Salvatore, for loss of consortium. The defendants, Penn's Landing Corporation...

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