Monday, April 11, 2022

Court Shutdowns Due to COVID-19 Pandemic Did Not Stop The Time For Delay Damages

In the case of Getting v. Mark Sales & Leasing, Inc., No. 348 MDA 2021 (Pa. Super. April 7, 2022 Olson, J., Kunselman, J., and Stevens, P.J.E.) (Op. by Kunselman, J.), the court addressed issues raised by a Defendant following a trial at which a jury awarded the Plaintiff over $2 million dollars in damages for personal injuries and in which the Defendant claimed that it should not owe the Plaintiff delay damages for the length of time that the COVID-19 pandemic shuttered the Pennsylvania courts.

After reviewing the case before it and the applicable law, the Pennsylvania Superior Court affirmed the trial court’s decision that the Pennsylvania Supreme Court had not suspended the right of Plaintiff to collect delay damages during the 2020 judicial emergency.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney John K. Shaffer from the Law Office of Lester G. Weinraub in Plymouth Meeting, PA for bringing this case to my attention.

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