J-A23041-14
2014 PA Super 205
THORSTEN STEPHAN : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
WALDRON ELECTRIC HEATING AND :
COOLING, LLC, :
:
Appellant : No. 1960 WDA 2013
Appeal from the Judgment entered December 10, 2013,
in the Court of Common Pleas of Allegheny County,
Civil Division, at AR-12-003147
BEFORE: DONOHUE, ALLEN and MUSMANNO, JJ.
DISSENTING OPINION BY MUSMANNO, J.: FILED SEPTEMBER 19, 2014
and factual findings, I dissent.
overcharging
at 1. The magistrate, a panel of arbitrators, and the trial court sitting as
fact-finder all agreed with Stephan and found in his favor. The trial court, in
fact, specifically found Stephan to be credible, and Waldron to be not
credible. Trial Court Memorandum, 11/19/13, at 1 (unnumbered).
specific
J-A23041-14
consideration of conflicts in the evidence are within the purview of the trial
court and such evidence should John B.
Conomos, Inc. v. Sun Co. We do
not disturb findings of fact simply because this Court would have reached a
different conclusion, but rather determine whether there is competent
evidence in the record that a judicial mind could reasonably have determined
Id.
The competent evidence of record reflects that, for the 15-minute
replacement of a burnt wire in an electrical outlet, Waldron charged Stephan
$402 for the diagnosis, $721 for the repair, and an administrative fee of
Memorandum, 11/19/13, at 1 (unnumbered).
-minute
repair is outrageous, I would affirm the judgment entered by the trial court.
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