Tuesday, September 28, 2021

Summary Judgment Denied in Limited Tort Case

In the case of Cialella v. Allstate Prop. & Cas. Ins. Co., No. 10469-CV-2018 (C.P. Lawr. Co. June 10, 2021 Motto, J.), the court denied a Defendant’s Motion for Summary Judgment based upon limited tort defenses in a motor vehicle accident case.

The court ultimately ruled that genuine issues of material fact existed as to whether or not the Plaintiff has sustained a serious injury.

According to the record before the court, the Plaintiff’s treating doctors diagnosed the Plaintiff with a cervical radiculopathy, cervicalgia, a lumbosacral strain, rotator cuff tendonitis, and a transient synovitis. During the course of her care, the Plaintiff received injections to treat the injuries to her cervical spine, elbow, and shoulder.

The Plaintiff’s medical expert also offered his opinion that the Plaintiff sustained permanent injuries and that she would require future treatments, including an annual radiofrequency ablation procedures and three (3) cervical epidural steroid injections every year for her cervical spine complaints.

The trial court in this matter reviewed the factors set forth under the care of Washington v. Baxter, 719 A.2d 733 (Pa. 1998).

In addition to reviewing the Plaintiff’s injuries and treatment, the court also noted that, after the accident, the Plaintiff had to quit her job as a housekeeper due to her limitations that prevented her from performing her duties. The Plaintiff did return to a part-time housekeeping job but alleged that she was limited to part-time work due to her left arm issues. The Plaintiff additionally testified that she could no longer enjoy her hobby of painting with arm pain.

As noted above, the court found that genuine issues of material fact prevented the entry of summary judgment on the limited tort defense.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 7, 2021).

Source of image:  Photo by Jackson Simmer on Unsplash.com.

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