Supreme Court of Pennsylvania June 19, 2006, 33 MAP 2004 (Touloumes v. E.S.C. Inc.)

*299Justice NEWMAN,

dissenting.

I dissent from the Majority Opinion because Pennsylvania Rule of Civil Procedure 238 (Pa.R.C.P.238) expressly provides for delay damages in actions involving property damages: “[a]t the request of the plaintiff in a civil action seeking monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory