Lawn mower. Photo: kozmoat98/iStockphoto.com. 'Unjust Windfalls': Pa. Superior Court Denies Defendant's COVID-Capped Delay Damages Arguments Over $2M Verdict
As courts begin to grapple with the fallout from closures that rocked the legal system and led to statewide closures starting in March 2020, some defendants have been raising arguments about how those closures may affect calculations for delay damages.
April 08, 2022 at 02:08 PM
3 minute read
The Pennsylvania Superior Court has rejected a lawncare rental company's arguments that COVID-related court closures should limit the amount of delay damages. The ruling upheld a more than $2 million verdict that a Lycoming jury handed up in 2020.
On April 7, a three-judge Superior Court panel ruled in Getting v. Mark Sales & Leasing that, despite the courthouse being closed for the six months leading up to the trial, the defendants still needed to pay the full amount of delay damages.
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