Thursday, January 30, 2014

Summary Judgment Granted in Erie County Limited Tort Case

In his recent decision on the limited tort case of Putnam v. Phillips, No. 11337-CV-2012 (C.P. Erie Dec. 18, 2013 Connelly, J.), Judge Shad Connelly granted a defendant’s Motion for Partial Summary Judgment by ruling the Limited Tort restriction applied to the different plaintiffs and that the record did not establish any serious injuries. 

In his decision, Judge Connelly addressed the applicability of the Limited Tort restriction under 75 Pa. C. S. A. Section 1705(b)(2) and ultimately ruled the limited tort option did apply. Conflicting tort options existed in the different households where the minor plaintiffs were alleged to reside.

In his decision, Judge Connelly addressed the applicability of the Limited Tort option under 75 Pa.C.S.A. Section 1705(b)(2).  In the end, the limited tort option covering the vehicle the plaintiffs occupied, which was owned by their mother who had selected the limited tort option, was deemed to control.  The plaintiffs father held a full tort policy but his vehicle was not involved in the accident.

Anyone wishing to review this decision in Putnam may click this LINK.

I send thanks to Attorney William C. Wagner of the Erie, PA law firm of Marnen, Mioduszewski, Bordonaro, Wagner & Sinnott, LLC for bringing this case to my attention.

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