Monday, June 25, 2018

Limited Tort Motion for Summary Judgment Denied in Lawrence County

In the Lawrence County case of Mason v. Petrone, No. 11084-CV-2016 (C.P. Lawrence Co. May 17, 2018 Motto, P.J.), President Judge Dominick Motto of the Lawrence County Court of Common Pleas denied a limited tort Motion for Summary Judgment.   In this regard, the court ruled that there were issues of fact that were best left for a jury to determine.  

The court additionally ruled that the Plaintiff was not barred from seeking damages for pain and suffering under the Tort Claims Act on the basis that she allegedly did not have evidence of a permanent injury.  In this regard, the court again noted that issues of fact remain and also emphasized that the expert reports were not yet due in the case.  

This matter arose out of a motor vehicle accident during which the Plaintiff struck by an operator who was responding to an emergency at the time of the accident.  

Among other injuries, the Plaintiff suffered a fractured ankle and bruising along the right side of her back. The Plaintiff primarily treated with an orthopedic surgeon and underwent physical therapy.  

After reviewing the settled law pertaining to the need of a Plaintiff to prove a permanent injury in a case against a government agency, as well as the current status of limited tort law in Pennsylvania, the court denied the Defendant’s Motion for Summary Judgment in these respects.

Anyone wishing to read this case may click this LINK.

I send thanks to Attorney Garth Gartin, Esquire of the Pittsburgh office of Simon and Simon, P.C. for bringing this case to my attention. 

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