Sunday, October 30, 2011

Limited Tort Case Out of Westmoreland County

I recently came across the case of Phillipi v. Carey, 93 Westmoreland 119 (C.P. May 6, 2011), in which the Westmoreland County Court of Common Pleas granted summary judgment for the Defendant in a limited tort case.

According to the Opinion, the Court found that the Plaintiff’s injuries were not serious in a case where strain injuries to the neck and back were alleged along with some type of shock and nervous disorder as a result of the accident.

The Court noted that, although the Plaintiff offered evidence that his standing and walking abilities were affected, there was no evidence of any restrictions as a result of the injuries.

This is one of a only few recent limited tort decisions I have seen. Another recent limited tort decision was out of the Monroe County Court of Common Please by Judge Linda Wallach Miller in the case of Stout v. Deleo, No. 970-Civil-2007 (C.P. Monroe Co. 2011, Miller, J.), in which the Court also granted a defendant’s summary judgment motion on the limited tort issue.


Anyone desiring a copy of the above limited tort decisions may contact me at dancummins@comcast.net.


Source: “Court Summaries” Pennsylvania Bar News By Timothy L. Clawges, Esquire (Chief Public Defender in Cumberland County).

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