Janice Lee Thunberg v. Howard Strause

The two related issues presented in this case are: (1) whether the trial court abused its discretion when it awarded reasonable counsel fees and costs against appellee Thunberg for filing a negligence action against the estate of the person killed by Thunbergs automobile while it sped uncontrollably in a westward direction in the eastbound lanes of a four-lane highway and (2) whether additional counsel fees and costs may be awarded for the appellate litigation of the trial courts granting of fees against appellee. For the reasons set forth below, we find that the trial courts award was amply supported by the evidence and, on that basis, we reverse the order of the Superior Court and reinstate the order of the Lancaster County Court of Common Pleas awarding counsel fees and costs incurred by appellant Gazey in Gazeys defense of the original matter. This Court also finds that appellant is entitled to reasonable attorneys fees and costs which she incurred in connection with the appellate litigation of this baseless negligence action. Accordingly, the matter is remanded to the Lancaster County Court of Common Pleas to determine reasonable counsel fees and costs to be awarded to appellant.