Coleman v. Pennsylvania Turnpike Commission

25 Pa. D. & C.2d 668, 1961 Pa. Dist. & Cnty. Dec. LEXIS 334
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedJuly 20, 1961
Docketno. 656
StatusPublished

This text of 25 Pa. D. & C.2d 668 (Coleman v. Pennsylvania Turnpike Commission) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. Pennsylvania Turnpike Commission, 25 Pa. D. & C.2d 668, 1961 Pa. Dist. & Cnty. Dec. LEXIS 334 (Pa. Super. Ct. 1961).

Opinion

Kreider, J.,

Plaintiff, Irving W. Coleman, is a member of the bar of Lehigh County. He has brought suit against the Pennsylvania Turnpike Commission to recover compensation for professional services he rendered as special counsel to the commission in a land condemnation case. The parties waived a trial by jury, and the case was heard by the writer of this opinion. The pleadings consisted of plaintiff’s complaint, defendant Turnpike Commission’s answer with new matter and plaintiff’s reply thereto.

Plaintiff averred that on or about July 11, 1957, he was employed by the Turnpike Commission' to represent it in a land damage proceeding arising out of the condemnation by the commission of 65.31 acres of land in connection with the construction of the Lehigh Valley Interchange of the Pennsylvania Northeast Extension of the turnpike, a short distance west of the city of Allentown. That proceeding was begun by the landowner, Lehigh Valley Trust Company, trustee under a deed of trust for Fred A. Fetherolf, Jr./ which secured the appointment of a board of viewers by the Court of Common Pleas of Lehigh County.

The viewers held three or four hearings but plaintiff attended only the first. Thereafter, he sent Martin A. Kutler, a lawyer who was in his employ, to attend the hearings.1 The viewers awarded the landowner $170,000 as damages. The Turnpike Commission filed exceptions to the award and demanded a trial by jury. After the landowner filed a complaint and the com[670]*670mission an answer thereto, the case was tried before Judge Kenneth H. Koch and a jury. The verdict was as follows: (a) Damages $49,000; (b) detention damage at the rate of 4 percent, $10,355; total verdict, $59,355; Judge Koch in an opinion reported in 28 Lehigh 426 (1960), refused to grant the landowner’s motion for a new trial but increased the detention damages to $15,557.50, at the rate of six percent, making a total verdict of $64,557.50. On appeal to the Supreme Court, the decision of the Lehigh County Court was affirmed: Lehigh Valley Trust Co. v. Pennsylvania Turnpike Commission, 401 Pa. 135 (1960).

In the instant case, plaintiff claims that the sum of $25,000 is the reasonable value of his services in the said Fetherolf case, which included his appearance before the board of viewers, conducting the trial by jury and thereafter preparing the briefs2 and arguing the same in the lower court and in the Supreme Court of Pennsylvania. He also claims the sum of $97.15 for necessary expenses incurred by him.

The Turnpike Commission in its answer admitted that it had engaged plaintiff as its counsel. It denied, however, that plaintiff had performed all the services for which he claims compensation and averred that Mr. Kutler had represented the commission in the hearings before the board of viewers. It also averred that the members of the commission’s legal staff were in frequent contact with plaintiff in preparing the case, gave him advice and instructions at all stages of the litigation concerning the applicable law, trial, hearing procedure, briefs, argument and other relevant matters. The commission also denied that the [671]*671reasonable value of plaintiff’s services, including those rendered by Mr. Kutler, was $25,000. It averred, on the contrary, that this amount is grossly excessive, exorbitant and unconscionable, but that defendant is ready and willing to pay plaintiff reasonable compensation for his services.

In its new matter, the commission averred that plaintiff was retained in 1956 to represent it in all litigation arising in Lehigh County from the condemnation and appropriation of land needed for the construction of the northeast extension of the turnpike in said county and that, in connection with plaintiff’s duties as local counsel, plaintiff was authorized to act as the commission’s counsel and represented it in litigation in 10 separate cases of property owners whose land had been condemned and appropriated, in addition to the said Fetherolf case which gave rise to the present suit. It also averred that plaintiff had been compensated by defendant for his services in those cases.

The commission alleged that when plaintiff was retained in the instant case, it was understood and agreed by him and defendant that he was to be paid reasonable compensation for his services, and that the principal factor to be taken into account in determining such compensation was the actual time spent on the case and that consideration was also to be given to the fact that all right-of-way cases in Lehigh County were thereafter to be referred to plaintiff. '

In plaintiff’s reply to new matter, he admitted that he had been retained by the commission in the year 1956 to represent it from time to time in litigation arising from the condemnation and appropriation of land needed for the construction of the Northeast Extension of the turnpike in Lehigh County and that he acted in such capacity in matters involving vari[672]*672ous claims by property owners against the commission.

Plaintiff, however, denied he agreed that the principal factor to be taken into account in determining his compensation for services rendered in the instant case was to be the actual time he spent on it. He also denied that consideration was to be given to the fact that all right-of-way cases in Lehigh County were thereafter to be referred to him. Plaintiff averred that the amount of time spent was to be only one of the factors to be considered in ascertaining the value of his services and that various other legally recognized factors were to be considered in determining his compensation. Plaintiff also denied the allegation that he did not perform all services required of him and averred that while Mr. Kutler attended the hearings before the board of viewers, he did so in the capacity of an employe of plaintiff under the latter’s direction, supervision and control and with knowledge of the counsel of .the Right-of-Way Division of the commission.

In the absence of a special agreement, the general rule is that an attorney is entitled to be paid the reasonable value of his services. In Huffman Estate (No. 3), 349 Pa. 59 (1944), the Supreme Court of Pennsylvania, speaking through Mr. Justice Hughes, said: (pp. 64-5)

“Fees should be on a moderate scale of compensation, and none should be allowed but such as are fair and just: Davidson’s Estate, 300 Pa. 26, 150 A. 152; Crawford’s Estate, 307 Pa. 102, 111, 160 A. 585.
“ ‘The things to be taken into consideration in determining the compensation to be recovered by an attorney are the amount and character of the services rendered, the labor, the time, and trouble involved, the character and importance of the litigation, the amount of money or value of the property affected, the professional skill and experience called for, and the [673]*673standing of the attorney in his profession; to which may be added the general ability of the client to pay and the pecuniary benefit derived from the services’: Hanley v. Waxman, 80 Pa. Superior Ct. 274, 276; Robbins v. Weinstein, 143 Pa. Superior Ct. 307, 314, 17 A. (2d) 629 . .

At the trial of the case now before this court, the only witness who testified in support of plaintiff’s claim was plaintiff himself.

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Related

Huffman Estate (No. 3)
36 A.2d 640 (Supreme Court of Pennsylvania, 1944)
Davidson's Estate
150 A. 152 (Supreme Court of Pennsylvania, 1930)
Crawford's Estate
160 A. 585 (Supreme Court of Pennsylvania, 1931)
Robbins v. Weinstein
17 A.2d 629 (Superior Court of Pennsylvania, 1940)
Lehigh Valley Trust Co. v. Pennsylvania Turnpike Commission
163 A.2d 86 (Supreme Court of Pennsylvania, 1960)
Hanley v. Waxman
80 Pa. Super. 274 (Superior Court of Pennsylvania, 1922)

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Bluebook (online)
25 Pa. D. & C.2d 668, 1961 Pa. Dist. & Cnty. Dec. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-pennsylvania-turnpike-commission-pactcompldauphi-1961.