Appeal From Judgment Entered November 7, 1988, Court of Common Pleas, Civil Division, Lancaster County, No. 1926 of 1984
Christopher S. Underhill, Lancaster, for appellants.
Eric J. Swan, Philadelphia, for appellees.
Cirillo, President Judge, and Cavanaugh, Brosky, Rowley, McEwen, Olszewski, Montemuro, Popovich and Johnson, JJ. Cirillo, President Judge, and Popovich, J., files dissenting opinions. McEwen, J., did not participate in the consideration or disposition of this appeal.
[ 380 Pa. Super. Page 417]
This appeal is from a judgment which assessed delay damages against appellant Valley View Trailer Park. In assessing damages, the trial court sought to comply with the requirements of Craig v. Magee Memorial Rehabilitation Center, 512 Pa. 60, 515 A.2d 1350 (1986), and the present appeal focused on the proper interpretation of that case as it modified the provisions of Pa.R.C.P. 238. On November 7, 1988, while this matter was still pending in this court, our Supreme Court rescinded Rule 238 governing Damages for Delay in an Action for Bodily Injury, Death or Property Damage and on the same date promulgated a new Rule 238, effective immediately. The new Rule 238 applies
[ 380 Pa. Super. Page 418]
to "actions pending on or after the effective date of this rule in which damages for delay have not been determined".
In determining whether the new Rule 238 applies to the matter pending before us, we are guided by Pa.R.C.P. 52 which states:
Application to Pending Actions
(a) A rule or an amendment to a rule shall be effective upon the date specified by the Supreme Court.
(c) Unless the Supreme Court specifies otherwise, a rule or an amendment to a rule shall apply to actions pending on the ...