Mancini v. Southeastern Pennsylvania Transportation Authority

756 A.2d 108
CourtCommonwealth Court of Pennsylvania
DecidedJune 27, 2000
StatusPublished

This text of 756 A.2d 108 (Mancini v. Southeastern Pennsylvania Transportation Authority) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mancini v. Southeastern Pennsylvania Transportation Authority, 756 A.2d 108 (Pa. Ct. App. 2000).

Opinion

JUILIANTE, Senior Judge.

The Southeastern Pennsylvania Transportation Authority (SEPTA) appeals from two orders of the Court of Common Pleas of Philadelphia County (trial court), dated September 23, 1999, that transferred the underlying civil actions to compulsory arbitration and ordered SEPTA to bear the costs of said arbitration. For the reasons that follow, we affirm in part and reverse in part.

On April 20, 1998, Annie Williams commenced a civil action against SEPTA and Leonard Mancini, alleging that, while a passenger on a SEPTA bus on December 21, 1996, she sustained injuries as a result of a collision between the bus and Mr. Mancini’s 1998 Mitsubishi pick-up truck. Two other lawsuits were also commenced as a result of that same accident and, by order dated June 30, 1998, the trial court consolidated Ms. Williams’ action with the other two pending cases.

Similarly, on November 25, 1998, Mr. Mancini commenced an action against SEPTA and Tiffany Tingle, an employee of SEPTA, averring that he sustained injuries as a result of the collision between his vehicle and the bus. Mr. Mancini alleged that Ms. Tingle was negligent in her operation of the bus. On April 5, 1999, Mr. Mancini’s action was consolidated with the other pending lawsuits.

By September 23, 1999, one of the four lawsuits had settled and the remaining lawsuits were transferred to compulsory arbitration. Of the three ordered to arbi[110]*110tration, the trial court, by separate orders dated September 23, 1999, ordered that SEPTA bear the costs of arbitration for the Mancini and Williams cases.1 On review, we are asked to determine whether the trial court erred in ordering SEPTA to bear the costs of arbitration regardless of the outcome.2,3

In its opinion in support of its orders,4 the trial court stated that it imposed the costs of arbitration on SEPTA because it unreasonably refused to pay minimal “costs-of-defense” to settle all four cases and prevent further proceedings. The trial court further opined that since SEPTA failed to comply with Pennsylvania Rule of Appellate Procedure 1923,5 any complaints by SEPTA regarding the lack of a record were waived.

In addition,, the trial court analogized Philadelphia County Court Rule *212.2 (Local Rule *212.2) to the present situation. Local Rule *212.2 allows the trial court to impose sanctions on a party for its failure to settle a lawsuit. The trial court determined that SEPTA’s refusal to make an offer to settle was inappropriate and vexatious and, therefore, it imposed the costs of arbitration against SEPTA. We now conclude that the trial court erred in assessing the costs of arbitration against SEPTA.

Pursuant to Section 7361 of the Judicial Code, 42 Pa.C.S. § 7361, local courts are permitted to establish compulsory arbitration procedures. Although Section 7361 does not provide for the payment or allocation of costs incurred, it does provide that the arbitrators shall have the powers prescribed in the general arbitration rules. Section 7312 of the general arbitration rules provides that “[u]nless otherwise prescribed in the agreement to arbitrate, the expense and fees of the arbitrators and other expenses (but not including counsel fees) incurred in the conduct of the arbitration shall be paid as prescribed in the award.” Section 7312 of the Judicial Code, 42 Pa.C.S. § 7312. In other words, the allocation of the costs of arbitration is within the discretion of the arbitrators and not the trial court.

Additionally, Pennsylvania Rule of Civil Procedure 1306, relating to compulsory arbitration awards, provides that the arbitration panel shall dispose of all claims for relief and, if requested, make an award for delay damages under Pennsylvania Rule Civil Procedure 238. Pa.R.C.P. No. 1306. Thus, should the arbitration panel find in favor of Mr. Mancini and Ms. Williams, the Rules of Civil Procedure provide a mechanism whereby they may seek recovery for an unreasonable delay in the proceedings. See Pa.R.C.P. No. 238; Craig v. Magee Mem’l Rehabilitation Ctr., 512 Pa. 60, 515 A.2d 1350 (1986) (if the plaintiffs recovery results from an arbitration .proceeding, the plaintiff may petition for delay damages).

[111]*111Furthermore, we conclude that the trial court erred in analogizing Local Rule *212.2 to the present situation. Local Rule *212.2 provides, in pertinent part, as follows:

(C) Prior to termination of the settlement conference, the Trial Judge shall determine whether he or she can fairly evaluate the settlement value of the case.
(D) If the Trial Judge determines that he or she can fairly evaluate the settlement value of the case, he or she shall recommend a settlement amount to the attorneys for the parties, and the recommendation with the parties’ agreement or non-agreement with it shall be recorded and made part of the case file.
(E) If prior to the verdict the plaintiff has agreed to accept the amount recommended by the Trial Judge but the defendant has not agreed to pay that amount and the final judgment is at least twenty (20) percent more than the Trial Judge’s recommendation (e.g., if the Judge’s recommendation is $10,000, the final judgment must be $12,000 or more), or if prior to the verdict the defendant has agreed to pay the amount recommended by the Trial Judge but the plaintiff has not agreed to accept that amount and the final judgment is at least twenty (20) percent less than the Trial Judge’s recommendation (e.g., if the Judge’s recommendation is $10,000, the final judgment must be $8,000 or less), then the Trial Judge may, within ten (10) days after the final judgment, schedule a hearing to determine whether or not any sanctions shall be ordered against the party who had refused to settle.

Philadelphia County Civil Division Court Rule *212.2.

Presently, the record before us is devoid of any evidence suggesting the trial court’s settlement recommendation. Even assuming such a recommendation was made, the underlying lawsuits have not gone to trial and, therefore, there is no verdict. Thus, the trial court could not have determined that its recommendation was at least twenty percent of the verdict. Furthermore, the trial court failed to hold a hearing to determine whether sanctions were appropriate.6

In Treu v. Harleysville Ins. Co., 443 Pa.Super. 567, 662 A.2d 1106 (1995), the Superior Court was confronted with the issue of whether sanctions were appropriate under Local Rule *212.2. The Treus purchased a homeowner’s insurance policy from Harleysville. In mid-1992, they submitted a claim for damages to their home caused by a storm. Harleysville denied the claim.

The Treus brought a suit alleging that Harleysville refused to pay and failed to cooperate in a good faith manner. Har-leysville maintained that the damages to the Treus’ home were the result of long-term wear and deterioration.

The matter went to arbitration and the Treus were awarded $13,426 .30. Harleys-ville appealed and demanded a jury trial. A jury trial was scheduled to begin in June of 1994.

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Related

Treu v. Harleysville Insurance
662 A.2d 1106 (Superior Court of Pennsylvania, 1995)
Craig v. Magee Memorial Rehabilitation Center
515 A.2d 1350 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
756 A.2d 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mancini-v-southeastern-pennsylvania-transportation-authority-pacommwct-2000.