Ely, M. v. Susquehanna Aquacultures, Inc.
130 A.3d 6
| Pa. Super. Ct. | 2015Background
- Ely signed a two-year contract with SAI from March 2, 2011 to March 2, 2013; Isolano negotiated on SAI's behalf.
- SAI terminated Ely on April 2, 2012 and did not pay further wages or benefits.
- Ely sued for breach of contract and WPCL; jury awarded $39,600 for breach; WPCL claim heard later.
- Trial court awarded Ely $24,142 in WPCL attorneys’ fees; later denied most relief; appeals filed.
- On appeal, court affirms in part, vacates in part, remands for reconsideration of prejudgment interest, costs, and WPCL-related fees.
- SAI/Isolano challenge WPCL applicability and prejudgment interest; court ultimately finds WPCL does not apply to future earnings and vacates WPCL fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| JNOV on breach of contract proper? | Ely seeks JNOV for full contract damages ($79,539.83). | Evidence supports only $39,600; jury verdict not compelled to the higher amount. | JNOV denied; compromise verdict sustained. |
| WPCL applicability to future earnings? | WPCL applies to future earnings under the contract. | WPCL does not cover unearned future earnings; only back wages and separated pay. | WPCL does not apply to Ely’s future earnings; recovery limited to contract damages. |
| Prejudgment interest entitlement under contract? | Interest is a matter of right where the amount is ascertainable; entitled to prejudgment interest. | Interest denied under Snyder; not ascertainable from complaint. | Prejudgment interest awarded as of right on the liquidated portion; Snyder distinguished but burden on amount due is ascertainable. |
| Costs awarded under WPCL and related fees? | Should recover broader costs including witness, transcripts, etc. | Only record costs allowed absent statutory authority. | WPCL fee award vacated; remand to recalculate exhibit-book costs per pretrial order; wholesale costs remanded. |
Key Cases Cited
- Egan v. USI Mid-Atl., Inc., 92 A.3d 1 (Pa. Super. 2014) (reverses standard for JNOV; evidence sufficiency review guidance)
- Morin v. Brassington, 871 A.2d 844 (Pa. Super. Ct. 2005) (compromise damages favored; credibility in contract actions)
- Frank Burns, Inc. v. Interdigital Commc’ns Corp., 704 A.2d 678 (Pa. Super. 1997) (favoring compromise in damages; justice to verdicts)
- Shaer v. Orthopaedic Surgeons of Cent. Pennsylvania, Ltd., 938 A.2d 457 (Pa. Super. Ct. 2007) (WPCL severance/pay considerations; separation pay distinction)
- Weingrad v. Fischer & Porter Co., 47 Pa. D. & C.2d 244 (Pa. Commw. Dist. 1968) (WPCL limits on unearned earnings; general rule on wages)
- Scully v. US Wats, Inc., 238 F.3d 497 (3d Cir. 2001) (WPCL generally does not cover unearned compensation)
- Burkholder v. Cherry, 607 A.2d 745 (Pa. Super. Ct. 1992) (prejudgment interest on liquidated contract claims)
- Oxford Mfg. Co., Inc. v. Cliff House Bldg. Corp., 307 A.2d 343 (Pa. Super. Ct. 1973) (interest accrual where debt arising from contract despite disputes)
- Snyder v. Barber, 106 A.2d 410 (Pa. 1954) (decree must conform to prayer; interest as right under contract actions)