Caruso v. MEDICAL PROF. LIAB. CATASTROPHE LOSS FUND

858 A.2d 620
CourtSuperior Court of Pennsylvania
DecidedSeptember 8, 2004
StatusPublished

This text of 858 A.2d 620 (Caruso v. MEDICAL PROF. LIAB. CATASTROPHE LOSS FUND) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caruso v. MEDICAL PROF. LIAB. CATASTROPHE LOSS FUND, 858 A.2d 620 (Pa. Ct. App. 2004).

Opinion

858 A.2d 620 (2004)

David W. CARUSO, Jr., an Incapacitated Person by David W. Caruso, Sr., and Geraldine Anne Caruso, Guardians of the Estate and Person of David Caruso, Jr., and as Assignees of Steven Greensweig, M.D., Edward G. Hamaty, Jr., D.O. and William Antonelli, M.D., Appellants,
v.
The MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, John H. Reed, Director of the Medical Professional Liability Catastrophe Loss Fund, Medical Inter-Insurance Exchange, Appellee.

Superior Court of Pennsylvania.

Argued March 9, 2004.
Filed September 8, 2004.

*621 Robert Ross, Philadelphia, for Caruso, appellant.

Robert R. Reeder, Philadelphia, for Medical Inter-Insurance, appellee.

Before: BOWES, McCAFFERY and POPOVICH, JJ.

OPINION BY POPOVICH, J.:

¶ 1 David Caruso, Jr., and his legal guardians, David Caruso, Sr., and Geraldine Anne Caruso, (collectively "Appellants") appeal the judgment entered on their behalf in the Court of Common Pleas of Philadelphia County. Appellants allege that the trial court erred by denying Appellants' motion to mold the verdict and concluding that Appellee Medical Inter-Insurance Exchange[1] was liable to Appellants for post-judgment interest only with respect to the amount of the judgment that remained unpaid by Appellee. Upon review, we affirm.

¶ 2 The principal facts of this case are not in dispute. Appellants brought suit against a number of physicians and hospitals as a result of injuries sustained by Appellant David Caruso, Jr., which left him permanently brain damaged and totally incapacitated. On August 4, 2000, the case proceeded to trial, and, August 22, 2000, prior to entry of the verdict, Appellants entered into a settlement agreement with the following defendants: Stephen Greensweig, D.O., Edward G. Hamaty, D.O., and William Antonelli, M.D. After the settlement agreement was reached, Drs. Hamaty and Antonelli assigned to Appellants their indemnification rights under the insurance policies they held with Appellee. Under the terms of the settlement agreement, Appellee was to pay Appellants $300,000.00, the full limit of liability under each of the doctors' insurance policies, for an aggregate payout amount of $600,000.00.

¶ 3 Later that day, a verdict was entered against the remaining defendants in the amount of $49,594,684.00. After the *622 verdict was entered, the trial court, in accordance with a joint tortfeasor release executed between the parties, molded the verdict to $24,797,342.00. Appellants filed a petition for delay damages, which the trial court granted and added $3,383,225.00 in delay damages to the verdict. On August 31, 2000, judgment was entered in Appellants' favor in the amount of $28,180,567.00. Thereafter, on September 11, 2000, pursuant to the settlement agreement, Appellee paid $600,000.00 to Appellants. Neither party appealed to this Court following the judgment.

¶ 4 On January 25, 2001, five months after the jury verdict, Appellants filed a motion for leave to file an amended complaint seeking to add Appellee and the Medical Professional Liability Catastrophe Loss Fund (the CAT Fund) as additional defendants in the underlying negligence suit. Over the objection of Appellee and the CAT Fund, the trial court granted Appellants' motion on March 12, 2001. Appellants filed an amended complaint on April 9, 2001, seeking, inter alia, recovery of the entire amount of delay damages and post-judgment interest from Appellee and the CAT Fund based upon a theory of joint and several liability.[2]

¶ 5 After Appellants filed the amended complaint, Appellants, Appellee, and the CAT Fund filed cross-motions for summary judgment. Appellants contended that pursuant to Appellee's insurance policies and the then-existing Healthcare Services Malpractice Act, 40 P.S. § 1301.101, et. seq.,[3] Appellee was jointly and severally liable (with the CAT Fund) for the entire amount of assessed delay damages ($3,383,225.00) and the ensuing post-judgment interest accruing on the entire verdict. In response, Appellee contended that neither the Healthcare Services Malpractice Act nor the terms of their insurance policies with the physician-defendants required payment of delay damages or post-judgment interest.

¶ 6 Following oral argument on April 8, 2003, the trial court found that Appellee and the CAT Fund were not jointly and severally liable for delay damages and post-judgment interest on the entire verdict. Rather, the trial court found that, under the Healthcare Services Malpractice Act and its successor, MCARE, Appellee and the CAT Fund were liable for delay damages and post-judgment interest, but that each party was liable for delay damages and post-judgment interest only in proportion to their respective liability on the underlying verdict. Therefore, the trial court concluded that Appellee's share of liability for delay damages was $81,840.20.[4]

¶ 7 At the trial court's direction, Appellants filed a motion to mold the verdict on April 21, 2003. Appellants' motion also sought clarification of the trial court's April 8, 2003 order with regard to whether, pursuant to the insurance policies, Appellee was liable for post-judgment interest on the entire verdict because Appellee failed to make full payment on the assessed delay damages prior to the trial court's order of April 8, 2003. In response, Appellee contended that it was *623 liable only for post-judgment interest on the unpaid balance of the verdict, namely its proportionate share of delay damages. Thereafter, on May 13, 2003, Appellee paid Appellants $81,840.20 (its assessed delay damages) plus post-judgment interest on the delay damages for the period between August 22, 2000, through May 13, 2003.

¶ 8 On June 3, 2003, the trial court denied Appellants' motion to mold the verdict and found that Appellee had satisfied its obligation by paying post-judgment interest on the unpaid delay damages. Appellants filed a notice of appeal to this Court from the trial court's June 3rd order. The trial court ordered Appellants to file a concise statement of matters complained of on appeal, and Appellants complied. However, the appeal could not move forward because Appellants failed to praecipe for the entry of judgment. Therefore, Appellants filed a praecipe for the entry of judgment on August 11, 2003, and judgment was entered on that date.[5] Following the entry of judgment, on October 28, 2003, the trial court filed a Pa. R.A.P.1925(a) opinion that addressed Appellants' matters.

¶ 9 As stated above, Appellants contend that the trial court erred by refusing to assess post-judgment interest against Appellee on the entire amount of the verdict because Appellee was required by its contract of insurance to pay delay damages following settlement, and, therefore, under the terms of the insurance contracts, Appellee's failure to pay delay damages promptly at settlement rendered it liable for post-judgment interest on the entire verdict.

¶ 10 Appellants' claim requires us to consider whether the trial court applied improperly the Healthcare Services Malpractice Act and its successor, MCARE, in concluding that Appellee was liable for delay damages and post-judgment interest only in proportion to its underlying settlement liability. This claim presents this Court with a question of law, and, therefore, our scope of review is plenary. See Wojdak v. Greater Philadelphia Cablevision, 550 Pa.

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Caruso v. Medical Professional Liability Catastrophe Loss Fund
858 A.2d 620 (Superior Court of Pennsylvania, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
858 A.2d 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caruso-v-medical-prof-liab-catastrophe-loss-fund-pasuperct-2004.