No. 2405 Philadelphia, 1980, No. 2406 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Civil Trial Division, Philadelphia County, December Term, 1977, No. 2996.
Roger N. Huggins, Philadelphia, for Kaisers.
E. Dyson Herting, Philadelphia, for Penny.
J. Vincent Roche, Philadelphia, did not file a brief on behalf of 191 Presidential Corp., appellee.
Cercone, President Judge, and Montemuro and Van der Voort, JJ. Van der Voort, J., files a dissenting opinion.
[ 308 Pa. Super. Page 303]
This is an appeal from an order of judgment entered by the Honorable Matthew W. Bullock, Jr., of the Court of Common Pleas of Philadelphia County, arising from a negligence action tried before a jury from June 6, 1980 through June 11, 1980.
The posture of the case below involved a cause of action filed by David and Sylvia Kaiser (h/w) against 191 Presidential Corporation*fn1 and Zev's Garage, Inc. (hereinafter Zev's) for personal injuries sustained by David Kaiser when he slipped and fell on an oil spot within the parking garage.
[ 308 Pa. Super. Page 304]
Zev's joined Sam Penny (hereinafter Penny) as an additional defendant alleging that oil leaking from Penny's car, onto the garage floor, caused Kaiser's injuries.
The case proceeded to trial. Before closing arguments were made to the jury, Zev's entered into a settlement agreement with the Kaisers in the amount of $7,500.00. Subsequently, the jury rendered a verdict allocating the percentage of fault by each party under the Comparative Negligence Law*fn2 and awarded $9,391.00 to David Kaiser and $1,000.00 to Sylvia Kaiser.*fn3 In its trial worksheet,*fn4 the court molded the verdict to properly allocate the percentages of liability and indicated that it would, at a later date, further mold the verdict to include delay damages. However, before the court had the opportunity to add on the delay damages, Penny also settled with the Kaisers in the amount of $8,712.50. On July 2, 1980, the Kaisers filed an order to mark the case as settled, discontinued and ended.
On September 23, 1980, the trial court entered this order, specifically providing that:
1. Judgment is entered on behalf of plaintiffs, David Kaiser and Sylvia Kaiser, against defendant, Zev's Garage, Inc., in the sum of Seventy-Five Hundred Dollars ($7,500.00), pursuant to the settlement entered into before the Court.
2. Judgment is entered on behalf of plaintiff, David Kaiser, against defendant, Sam Penny, in the sum of Seventy-Eight Hundred Seventy-Four Dollars and Thirty-One Cents ($7,874.31) (which figure includes Three ...