Superior Court 4/2/08 - MICHAEL S. HUTCHISON, JR., by MARY J. HUTCHISON, Parent and Natural Guardian v. FATHER FRANCIS LUDDY, MICHAEL E. SERVINSKY, Ex

MICHAEL S. HUTCHISON, JR., by MARY J. HUTCHISON, Parent and Natural Guardian v. FATHER FRANCIS LUDDY, MICHAEL E. SERVINSKY, Executor of the Estate of JAMES J. HOGAN, DECEASED, and DIOCESE OF ALTOONA-JOHNSTOWN
No. 2096 WDA 2006 2008 PA Super 58 Atlantic: n/a Filed: 4/2/2008
Appeal from the Order Entered October 4, 2006 In the Court of Common Pleas of BLAIR County CIVIL at No(s): 1175 C.P., 1987
Before: FORD ELLIOTT, P.J., MUSMANNO, and PANELLA, JJ.
Opinion by: PANELLA, J.
Appellant, Michael S. Hutchison, Jr., by Mary J. Hutchison, parent and natural guardian, appeals from the order entered on October 4, 2006, in the Court of Common Pleas of Blair County.


In this latest controversy, we consider whether the entry of judgment non obstante verdicto (“JNOV”) by this Court on two previous occasions, both of which were subsequently vacated by our Supreme Court, deprives Michael of post-judgment interest on a claim for punitive damages, for the period of time that the JNOV was in effect, when the damage award was ultimately affirmed. For the reasons set forth below, we hold that the erroneous entry of JNOV does not preclude Michael from collecting postjudgment interest dating back to the date of the jury’s verdict. Accordingly, we reverse.