According to the Pennsylvania Law Weekly case digest of this opinion, the plaintiff was 37 weeks pregnant at the time of the subject motor vehicle accident. The plaintiff alleged that, as a result of the accident, she was required to undergo an emergency C-section 12 days prior to her scheduled C-section surgery date. The plaintiff also alleged neck and back injuries.
In addition to arguing that genuine issues of material fact existed as to whether or not she had sustained a "serious injury" as a result of the accident, the plaintiff asserted that the emergency C-section met the test in that it impaired her ability to carry her unborn child to the scheduled delivery date.
Judge Williamson agreed that the case should be allowed to proceed to a jury determination on the limited tort issues presented and, as such, denied the defendant's motion for summary judgment.
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Source: “Digest of Recent Opinions," Pennsylvania Law Weekly (Feb. 11, 2014).