BERT CO. v. TURK

No. 13 WAP 2022 No. 14 WAP 2022.

298 A.3d 44 (2023)

The BERT COMPANY d/b/a Northwest Insurance Services v. Matthew TURK, William Collins, Jamie Heynes, David McDonnell, First National Insurance Agency, LLC, First National Bank, and FNB Corporation Appeal of: Matthew Turk, First National Insurance Agency, LLC, First National Bank, and FNB Corporation. The Bert Company d/b/a Northwest Insurance Services v. Matthew Turk, William Collins, Jamie Heynes, David McDonnell, First National Insurance Agency, LLC, First National Bank and FNB Corporation. Matthew Turk v. The Bert Company, Northwest Bank, and Northwest Bancshares, Inc. Appeal of: Matthew Turk, First National Insurance Agency, LLC, First National Bank, and FNB Corporation.

Supreme Court of Pennsylvania.

Decided: July 19, 2023.


Attorney(s) appearing for the Case

Scott Alan Bowan, Esq. , Scott David Cessar, Esq. , Casey Alan Coyle, Esq. , Frank Timothy Grieco, Esq. , Eckert Seamans Cherin & Mellott, LLC, for Appellants Matthew Turk, et. al.

Kenneth W. Africano, Esq. , Timothy Ross Bevevino, Esq. , Andmoragan Cody Thomas, Esq. , Swanson, Bevevino & Sharp, P.C., Jonathan Richard Bruno, Esq. , Stephen John Del Sole, Esq. , Del Sole Cavanaugh Stroyd LLC, for Appellee The Bert Company d/b/a Northwest Insurance Services.

James Michael Beck, Esq. , Reed Smith LLP, for Amicus Curiae Product Liability Advisory Council, Inc.

Robert L. Byer, Esq. , Duane Morris LLP, for Amicus Curiae Chamber of Commerce of the United States of America.

Joseph Regis Froetschel, Esq. , Phillips Froetschel LLC, for Amici Curiae Pennsylvania Association for Justice and American Association for Justice.

John Mercer Masslon II, Esq. , Washington Legal Foundation, for Amicus Curiae Washington Legal Foundation.

Matthew Daniel Vodzak, Esq. , Fowler Hirtzel McNulty & Spaulding, LLP, for Amicus Curiae Philadelphia Association of Defense Counsel.

Corrie Allen Woods, Esq. , Woods Law Offices PLLC, for Amici Curiae Pennsylvania Coalition for Civil Justice Reform, American Property Casualty Insurance Association, Pennsylvania Chamber of Business and Industry, Pennsylvania Manufacturers Association, Insurance Federation of Pennsylvania, and LeadingAge PA.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.


OPINION

In this appeal by permission, we consider the application of jurisprudence of the United State Supreme Court1 addressing the constitutionality of an award of punitive damages2 by a civil jury in this Commonwealth.

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