Sayler v. Skutches
40 A.3d 135
| Pa. Super. Ct. | 2012Background
- Appellant Patricia J. Sayler, executrix of Barbara Glasow’s estate, appeals from a 2011 order denying in part attorneys’ fees, appellate costs, and delay damages.
- A 2008 medical malpractice jury awarded Glasow $3,973,000 with 35% contributory negligence attributed to Glasow, yielding $2,582,450 in net damages.
- Post-trial motions and a complex procedural history followed, including a May 2008 post-trial relief order and a May 2008 denial of delay damages as moot.
- Superior Court reversed the May 27, 2008 order on June 4, 2009 and remanded for entry of judgment in Sayler’s favor; further proceedings occurred through 2010, including denial of a petition for entry of judgment by the trial court.
- Barbara Glasow died May 28, 2009; Sayler was substituted as appellant in May 2010; the Pennsylvania Supreme Court denied allocatur in May 2010; the Superior Court later lifted the stay and remanded for judgment entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCARE §1303.509 allows fees on future damages. | Sayler contends fees should be based on present value of future damages. | Glasow’s estate argues MCARE limits fees to accrued amount, not additional recovery. | Fees limited to accrued amount; no additional recovery of attorneys’ fees. |
| Whether appellate costs from the prior appeal should be fully awarded. | Sayler seeks full appellate costs under Pa.R.A.P. 2741(4) and 2742. | Trial court did not abuse discretion; some costs are not properly taxable (e.g., shipping). | Partial appellate costs affirmed; shipping costs held not taxable. |
| Whether delay damages under Pa.R.C.P. 238 should be awarded. | Sayler timely sought delay damages; the May 27, 2008 order mooted or nullified withdrawal. | Court acted properly; withdrawal moot when order granted. | Delay damages reversed and remanded for merits; majority remands on the withdrawal issue. |
Key Cases Cited
- Merlino v. Delaware County, 556 Pa. 422 (Pa. 1999) (explicitly authorizes attorney fees in some statutes; not MCARE here)
- Samuel-Bassett v. Kia Motors Am., Inc., 34 A.3d 1 (Pa. 2011) (statutory interpretation standard for MCARE provisions)
- TrizechiHahn Gateway LLC v. Titus, 601 Pa. 637 (Pa. 2009) (American Rule prerequisites for fee shifting)
- Rodgers v. Lorenz, 25 A.3d 1229 (Pa.Super.2011) (statutory construction principles to give effect to all provisions)
- Parkinson v. Lowe, 760 A.2d 65 (Pa.Super.2000) (discretionary nature of appellate costs)