Supreme Court of Pennsylvania· 4/16/1991
Schrock v. Albert Einstein Medical Center
Citations
- 589 A.2d 1103
- 527 Pa. 191
- 1991 Pa. LEXIS 94
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- instructing that Rule 238 as revised in 1988 applied to future actions and to pending actions where delay damages have not yet been determined
- Delay damages may be assessed even if defendant is free from fault in delay of trial
- delay damages may be assessed even if defendant is free from fault in delay of trial
- fundamental fairness requires that plaintiffs receive interest on what is essentially then-money for the period defendants held it until trial
- “Under former Rule 238, interest was calculated at 10% per annum.... Under revised Rule 238, interest is calculated at the rate equal to the prime rate ... plus one percent_”
- “[T]he mere fact that a defendant is not at fault in causing the delay in a case does not automatically relieve the defendant from being assessed delay damages under Rule 238.... [W]hen both parties are blameless it would be unreasonable and unjust to deny delay damages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy, Nix
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