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

By Daniel Cummins on April 11, 2022
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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 issued 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.

Photo of Daniel Cummins Daniel Cummins

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in…

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in the Best Lawyers in America Director every year since 2015. He is the creator and sole author of Tort Talk, a blog dedicated to discussing updates, trends, and thoughts regarding Civil Litigation Law.

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  • Blog:
    Tort Talk
  • Organization:
    Foley, Comerford & Cummins
  • Article: View Original Source

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The coronavirus pandemic presents a global challenge unlike any we’ve ever seen. In response, we’ve seen lawyers rise to the occasion with updates and analysis on the many impacts of the COVID-19 virus. With Coronavirus Legal daily, we gather it all into place.

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