Richard Hayek v. Pluto Transport, LLC, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania grants Plaintiff Richard Hayek’s post-trial motion to mold the jury verdict to include delay damages under Pennsylvania Rule of Civil Procedure 238. The court holds that Defendants’ settlement offers did not comply with the rule’s requirement that an offer expressly remain open for at least ninety days or until trial, and awards $4,261.64 in delay damages.

Holdings

1. A settlement offer does not toll the accrual of Pennsylvania Rule of Civil Procedure 238 delay damages unless it is written, for a specific sum, and expressly states that it will remain open for at least ninety days or until the commencement of trial, whichever occurs first.
2. Plaintiff is entitled to $4,261.64 in delay damages, calculated at an 8.5 percent applicable rate on the $100,000 verdict for the 183-day period beginning one year after service and ending on the verdict date.

Questions Presented

1. Whether Defendants' settlement offers tolled the accrual of Pennsylvania Rule of Civil Procedure 238 delay damages despite lacking an express provision that the offers would remain open for at least ninety days or until trial.
2. What amount of Rule 238 delay damages Plaintiff was entitled to recover on the $100,000 jury verdict.

Disposition

other