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KATHLEEN A. ALBERT v. JAMES DENITO (08/17/84)

submitted: August 17, 1984.

KATHLEEN A. ALBERT, APPELLANT,
v.
JAMES DENITO



No. 1089 Philadelphia, 1983, Appeal from the Order entered March 30, 1983 in the Court of Common Pleas of Bucks County, Civil Division, No. 81-00441-03-2

COUNSEL

Peter J. Verderame, Langhorne, for appellant.

David Durben, Newtown, for appellee.

Wickersham, Brosky and Tamilia, JJ.

Author: Tamilia

[ 336 Pa. Super. Page 285]

This is an appeal from an Order of the Court of Common Pleas of Bucks County denying appellant's motion to add delay damages to an arbitrators' award in a tort claims action.

Appellant argues that Pa.R.C.P. 238*fn1 relating to delay damages permits the lower court, by virtue of the

[ 336 Pa. Super. Page 286]

    modification provisions of Pa.R.C.P. 1307(d),*fn2 to supplement the arbitrators' award despite her failure to bring a request for such delay damages to the attention of the arbitrators. We disagree.

Our reasons for doing so are threefold: The lower court has correctly stated that Rule 1307(d) relates only to the correction of "obvious and unambiguous errors", under which rubric damages for delay are not included since their

[ 336 Pa. Super. Page 287]

    addition is tantamount to a different, substantive remedy rather than a mere rectification of formal error.

As the comment to Rule 1307(d) states: "If the award is unintelligible or ambiguous or unclear or subject to alternative interpretations, ...


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