Monday, July 17, 2023

Commonwealth Court Rejects Challenge to Pennsylvania's Liability Damages Caps for State Agencies

In the case of Freilich v. SEPTA, No. 327 C.D. 2022 (Pa. Cmwlth. July 6, 2023 Wojcik, J., Wallace, J., Leadbetter, S.J.) (Mem. Op. by Wojcik, J.) [Opinion not reported], The Pennsylvania Commonwealth Court rejected a Plaintiff’s challenge to Pennsylvania’s liability caps for state agencies.

In so ruling, the appellate court upheld a trial court Order reducing a $7 million stipulated jury verdict entered by a jury against SEPTA to the $250,000.00 liability cap required by Pennsylvania law.

In its Opinion, the Commonwealth Court held that it was bound by Pennsylvania Supreme Court precedent and thereby compelled to affirm the trial court’s Order molding the verdict to conform with the statutory caps under 42 Pa.C.S.A. §8528(b).

In an article on the issue, it was indicated that plaintiffs’ attorney plans to appeal the case up to the Pennsylvania Supreme Court.

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

Source: Article - “Appellate Judges Reject Challenge to Pennsylvania State Damages Cap” by Aleeza Furman. Pennsylvania Law Weekly (July 6, 2023).

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