Paul David Hess v. Morphis Pediatric Group

Syllabus

In this cross appeal, Morphis Pediatric Group of Lancaster, PA (MPG) and Elizabeth J. Morphis, M.D. (Dr. Morphis), appeal the circuit court's orders (1) denying their posttrial motions for judgment notwithstanding the verdict (JNOV) and remittitur; (2) granting Paul David Hess's motion for an award of treble damages, attorney's fees, and prejudgment interest; and (3) denying their motion to amend the order granting Hess's motion for prejudgment interest. In his cross appeal, Hess argues the circuit court erred by sua sponte reducing his attorney's fee award to a rate of $300 per hour when MPG and Dr. Morphis expressly waived any argument regarding the reasonableness of counsel's hourly rate. We affirm in part and reverse in part.