Tuesday, September 26, 2017

Pennsylvania Superior Court Withdraws Punitive Damages/Statute of Limitations Decision in Wilson and Grants Argument En Banc

Tort Talkers may recall that the Pennsylvania Superior Court caused a bit of an uproar recently with its decision in the case of Wilson v U.S. Security Associates, No. 2017 Pa. Super. 226 (Pa. Super. July 18, 2017 Dubow, J., Ransom, J., Platt, J.)(Op. by Platt, J.).  

In Wilson, the appellate court granted a defendants' motion seeking judgment notwithstanding the verdict with regard to the punitive damages award under a rationale that the trial court improperly allowed the Plaintiff to reinstate a punitive damages claim after the expiration of the statute of limitations.

On September 26, 2017, the Pennsylvania Superior Court withdrew that decision and granted an argument en banc on the issue.  Click HERE to view that Order.

Click HERE to view the Tort Talk post on the Superior Court's original decision.  Note that the Link to the original Opinion no longer works as the Superior Court has withdrawn that decision and, therefore, took it down from its website.

Updates to follow as this issue continues its way along the appellate ladder.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA office of Schmidt Kramer for bringing this Order to my attention.

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