Opinion

Schrock v. Albert Einstein Medical Center

  • 386 Pa. Super. 215
  • 562 A.2d 875
  • 1989 Pa. Super. LEXIS 2306
Court
Supreme Court of Pennsylvania
Filed
Aug 2, 1989
Status
Published
Author
Cavanaugh
On the bench
Cirillo, Cavanaugh, Brosky, Rowley, McEwen, Olszewski, Montemuro, Popovich, Johnson
Cited by
18 cases
Authority
More cited than 5.1%

four-judge plurality held that plaintiff's failure to make a reasonable offer is not a procedural delay which actually prolonged the trial and thus does not serve to reduce defendant's liability for delay damages when the defendant has not made an adequate written offer

How later courts described this case

  • four-judge plurality held that plaintiff's failure to make a reasonable offer is not a procedural delay which actually prolonged the trial and thus does not serve to reduce defendant's liability for delay damages when the defendant has not made an adequate written offer
  • delay caused by overcrowding of the court system will not be subtracted from the period of delay chargeable against a defendant
  • constitutional issues must be reached because there was no mechanism in place for issue preservation
  • rule unconstitutionally punishes defendant in the absence of fault

Written by the judges who cited it.

The opinion

*221 CAVANAUGH, Judge,

dissenting.

I dissent and would remand for a calculation of delay damages under New Rule 238 for the reasons set forth in my Dissenting Opinion in King v. Southeastern Pennsylvania Transportation Authority, 383 Pa.Super. 420 , 557 A.2d 11 (1989.)

OLSZEWSKI, J., joins CAVANAUGH, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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