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
Peter J. Verderame, Langhorne, for appellant.
David Durben, Newtown, for appellee.
Wickersham, Brosky and Tamilia, JJ.
[ 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, ...