Grimm v. Universal Medical Services,
Inc. – Pa. Superior – March 1, 2017
On appeal from arbitration in breach
of contract and wage case, Plaintiff elected to limit recovery money damages to
$25,000, under Pa.
R.C.P. 1311.1, in excchange for easing of evidentiary rules concerning
introduction of documents. Plaintiff
prevailed on wage claim under Wage Payment and Collection law, 43 P.S. 260.1 et
seq., which provides for attorney fees for prevailing plaintiff. The court also granted plaintiff attorney
fees. The total award of damages plus
attorney fees was greater than $25,000.00.
Held, attorney fee award under WCPL
was not “damages” under Pa.R.C.P. 1311.1, citing LaRue v. McGuire, 885 A.2d 549
(Pa. Super. 2005); Dolan v. Fissel, 973 A.2d 1009 (Pa. Super. 2009); Allen v.
Mellinger, 784 A.2d 762 (Pa. 2001) and language from WCPL that fee award is “in
additionl to any judgment” awarded to plaintiff.
