Domenick v. Consolidated Rail Corp.

Supreme Court of Pennsylvania

Domenick v. Consolidated Rail Corp.

549 A.2d 566, 520 Pa. 28

Supreme Court of Pennsylvania·Decided October 31, 1988·No. Petition 170 W.D. Allocatur Docket, 1988·Published

Opinion

ORDER

PER CURIAM.

The Petition for Allowance of Appeal is granted. The order of the Superior Court affirming an order of the Court of.Common Pleas of Allegheny County granting Respondent’s request for delay damages pursuant to Pa.R.Civ.P. Rule 238 in an action brought under Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51, et seq., is reversed and the case is remanded to the Court of Common Pleas of Allegheny County. See, Morgan v. Monessen Southwestern Railway Company, 513 Pa. 86, 518 A.2d 1171 (1986), rev’d, — U.S. —, 108 S.Ct. 1837, 100 L.Ed.2d 349 (1988).

Jurisdiction is relinquished.

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ORDER

PER CURIAM.

The Petition for Allowance of Appeal is granted. The order of the Superior Court affirming an order of the Court of.Common Pleas of Allegheny County granting Respondent’s request for delay damages pursuant to Pa.R.Civ.P. Rule 238 in an action brought under Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51, et seq., is reversed and the case is remanded to the Court of Common Pleas of Allegheny County. See, Morgan v. Monessen Southwestern Railway Company, 513 Pa. 86, 518 A.2d 1171 (1986), rev’d, — U.S. —, 108 S.Ct. 1837, 100 L.Ed.2d 349 (1988).

Jurisdiction is relinquished.

Domenick v. Consolidated Rail Corp., 549 A.2d 566, 520 Pa. 28 (Pa. 1988).

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