Wednesday, May 27, 2020

Summary Judgment Granted in Limited Tort Case in Monroe County

In the case of Schmidt-Ramirez v. Burger,  (C.P. Monroe Co. N0. 9595-CV-2015 (C.P. Monroe Feb. 27, 2020 Williamson, J.), Judge David J. Williamson granted a defendant's summary judgment motion in a Limited Tort case.

According to the Opinion, the Limited Tort Plaintiff claimed that she suffered a concussion as a result of a 2014 motor vehicle accident that resulted in continuing symptoms, including headaches.  The Plaintiff also claimed that she had difficulty thinking, was "scatter brained," which affected her school work and job prospects.

However, the Court noted that the record confirmed that the Plaintiff was able to complete high school and earn a degree from Pace University.  The Plaintiff also confirmed during her deposition that she was gainfully employed.

The court also noted that the record revealed that the Plaintiff had not treated in the past six years for her complaints.

In granting the defense motion on the Limited Tort issue, Judge Williamson also noted that the Plaintiff did not present any expert testimony regarding the alleged long-term effects of the Plaintiff's concussion and how it allegedly affected her life.

Notably, Judge Williamson also rejected the Plaintiff's constitutional challenge of the Limited Tort law in Pennsylvania.

Anyone wishing to review this decision may click this LINK.

Source:  Article:  "Auto Accident Case Dismissed for Failure to Prove Serious Injury" by P.J. D'Annunzio of the Pennsylvania Law Weekly (March 24, 2020).

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