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VOLUME 2 Fall 2002 | ||||||
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IN THIS ISSUE:
Worker Compensation Claims in New York State Following 9/11 David Hom, Esq.
Employment Practices Phillip B. Silverman, Esq. and Susan R. Engle, Esq.
Civil Rights Actions Against School Districts in PA Phillip B. Silverman, Esq. and Joshua D. Harvey, Esq.
Tort Claims Against Public School Districts in PA Phillip B. Silverman, Esq. and Joshua D. Harvey, Esq.
Class Certification Limited in UTPA Actions Jeffrey C. Sotland, Esq.
Treble Damages Can Be Punitive Jeffrey C. Sotland, Esq.
Quick Hits
The Jerk and Jolt Doctrine in PA Meredith R. Krain, Esq.
Triplets Renee Mazzeo
Special Report: Pennsylvania Overhauls Comparative Negligence Statute Lawrence M. Kelly, Esq. |
TREBLE DAMAGES CAN BE PUNITIVE By Jeffrey C. Sotland, Esq. On August 20, 2001, The Pennsylvania Superior Court issued a ruling in Stokes v. Gary Barbera Enterprises, Inc. which addressed an appeal from a trial involving claims under the Unfair Trade Practices and Consumer Protection Law. Finding in favor of the Plaintiff, the Court, for the first time in Pennsylvania, found that treble damages are punitive. This finding will effect coverage under insurance policies across the Commonwealth. The Court found that Defendant sold a used vehicle as new, installing a new odometer, after selling the vehicle with a broken odometer. The vehicle was previously used as a demo by a local T.V. Personality. The court held that the treble damages portion of the Unfair Trade Practices and Consumer Protection Law equates to punitive damages and continued to refer to treble and punitive damages as one and the same. This holding now limits the
coverages available to insureds. Punitive damages are not insurable in
Pennsylvania except under vicarious liability principles. A holding against
a corporate entity for treble damages might very well be uninsurable from
this date forward based upon the Superior Court's decision in the Stokes
case.
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