Williams, T. v. Penn Center for Rehabilitation

J-A03003-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
THOMAS WILLIAMS, : IN THE SUPERIOR COURT OF
ADMINISTRATOR OF THE ESTATE OF : PENNSYLVANIA
GARDENIA WILLIAMS, DECEASED :
:
Appellant :
:
v. :
:
PENN CENTER FOR REHABILITATION :
AND CARE; HOSPITAL OF THE :
UNIVERSITY OF PENNSYLVANIA; :
TRUSTEES OF THE UNIVERSITY OF :
PENNSYLVANIA; MANORCARE OF :
YEADON, LLC AND MANOR CARE :
INC. D/B/A MANOR CARE HEALTH :
SERVICES :
:
Appellees : No. 2259 EDA 2017
Appeal from the Order Entered June 23, 2017
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): May Term, 2011 No. 3790
BEFORE: GANTMAN, P.J., McLAUGHLIN, J., and PLATT*, J.
MEMORANDUM BY GANTMAN, P.J.: FILED JUNE 20, 2018
Appellant, Thomas Williams, Administrator of the Estate of Gardenia
Williams, deceased, appeals from the order entered in the Philadelphia
County Court of Common Pleas, which awarded record costs under 42
Pa.C.S.A. § 1726, in favor of Appellee, Penn Center for Rehabilitation and
Care in the amount of $794.02; and in favor of Appellee, Hospital of the
University of Pennsylvania; Trustees of the University of Pennsylvania, in the
amount of $563.30, following disposition of the underlying medical
malpractice case. We affirm.
____________________________________
* Retired Senior Judge assigned to the Superior Court.
J-A03003-18
The trial court opinion correctly set forth the relevant facts and
procedural history of this case. Therefore, we have no need to restate them.
We add that the court ordered Appellant, on July 6, 2017, to file a concise
statement of errors complained of on appeal, per Pa.R.A.P. 1925(b).
Appellant timely complied on July 26, 2017.
Appellant raises the following issue:
WHETHER THE TRIAL COURT ERRED IN GRANTING
APPELLEES’ BILLS OF COST?
(Appellant’s Brief at 3).
Following a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinion of the Honorable Daniel J.
Anders, we conclude Appellant’s issue merits no relief. The trial court
opinion comprehensively discusses and properly disposes of the question
presented. (See Trial Court Opinion, dated September 25, 2017, at 1-7)
(finding: recovery of record costs is established exception to American Rule;
Deputy Director of OJR adjudicated $794.02 of record costs and $0.00 of
non-record costs to Appellee Penn Center for Rehabilitation and Care, and
$563.30 of record costs and $0.00 of non-record costs to Appellee Hospital
of University of Pennsylvania; trial court had no discretion to deny record
costs; when court denied Appellant’s motions to strike Appellees’ bills of
costs, court merely enforced generally established exception to American
Rule; this case did not involve any exemption to award of standard taxable
costs under 42 Pa.C.S.A. § 1726; case was private, medical professional
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J-A03003-18
liability action, in which law is generally certain; bills of costs did not impose
on Appellant “actual costs or a multiple thereof as a penalty”; Deputy
Director of OJR found in favor of Appellees and awarded only those costs
reflected in record; Appellees submitted appropriate verifications with their
respective bills of costs; regarding hardship, Appellant failed to submit
anything to court to support his claim that limited awards of costs would
impose substantial hardship or injustice). Accordingly, we affirm based on
the trial court’s opinion.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/20/18
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