However, both plaintiffs and defense lawyers said that while the defense posed a novel argument, the court’s ruling is not necessarily a break from the norm.
In an eight-page opinion in Roth v. Ross, a three-judge panel unanimously reversed a ruling by Luzerne County Court of Common Pleas Judge Lisa M. Gelb denying plaintiff Eileen Roth’s request for delay damages on a $20,000 award for future medical expenses.
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