Thursday, January 5, 2012

Auto Law Medical Expenses Case of Note Out of Middle District Federal Court

Judge Connor in the Middle District of Pennsylvania recently issued an detailed Order regarding a Motion in Limine on a medical expenses issue in Bieber v. Nace, 2011 WL 6180719 (M.D.Pa. Dec. 13, 2011)

This mattter arose out of a motor vehicle accident. The Defendants filed affirmative defenses in their Federal Court response to the Complaint in which they asserted that the Plaintiffs' recovery was reduced or barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL). 

The Plaintiffs filed a pre-trial motion in limine arguing that these defenses should be stricken since the medical bills were paid by a self-funded ERISA plan which was making a claim for reimbursement.  The Plaintiffs produced evidence to support their contentions in this regard.

Judge Connor reviewed the pertinent statutes and case law and finds that the MVFRL cannot serve to reduce or bar the plaintiff's recovery of medical expenses paid for by ERISA.  As such, the court granted the Motion in Limine.

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