Limited Tort Plaintiff Proceeds to Jury Trial

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2009 ruling by the Court of Common Pleas of Mercer County PA denied the Defendant’s Motion for Summary Judgment and permitted the personal injury claim of a limited tort victim to proceed to trial. The negligent Defendant rear-ended the Plaintiff’s car. The Defendant’s lawyers argued that the Pennsylvania car crash victim had not sustained a serious bodily injury and, therefore, could not overcome her selection of the limited tort option.

The PA car accident victim’s attorney filed a medical expert report and medical records claiming that his client suffered from a protruding disc in her neck and a bulging disc in her lumbar spine. Her treating doctor offered an opinion that these injuries prevented her from participating in athletics, as well as bending, stooping, standing or sitting for prolonged periods of time. These significant impairments were alleged to be permanent. The Trial Judge ruled that genuine issues of material fact existed regarding the car accident victim’s injuries which would be resolved in the trial by jury. Tritt v. Ruley, et al., 31 Mercer Co. L. J. 6 (2009)

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