Attached is a copy of the Order issued earlier this week by the Pennsylvania Supreme Court in which that Court denied the Petition for Allowance of Appeal in the case Smith v. Rohrbaugh in which an en banc panel of the Pennsylvania Superior Court overruled Pusl v. Means, 982 A.2d 550 (Pa. Super. Sept 23, 2009), petition for allowance of appeal denied, 991 A.2d 313 (Pa. 2010).
In Pusl, a three judge panel of the Superior Court
allowed the molding of a third party verdict downward to reflect the previous
underinsured motorist settlement secured by a plaintiff for the same accident.
The en banc court in Smith v. Rohrbach
held that the Pusl holding was incorrect and therefore reversed a trial court order
which had followed Pusl and molded a third party verdict to
As such, Pusl is now considered officially no longer good law
and Smith is the precedent on that particular issue. Here is a link to the Supreme Court Order:
I send thanks to Attorney Scott Cooper of the Harrisburg law office of Schmidt Kramer and Attorney Paul Oven of the Moosic office of Dougherty, Leventhal & Price for publicizing this decision.