Harlan’s car was struck in the rear by a Pennsylvania State Police car.  Harlan sued the Pennsylvania State Police for injuries.  The state police asked the court to dismiss Harlan’s lawsuit because Harlan’s claim was governed by Pennsylvania’s limited tort law.  

            Under Pennsylvania law, an auto accident victim with limited tort can only recover for out-of-pocket expenses unless he has a serious injury.  A serious injury is a serious loss of a bodily function.  

             Here, Harlan had three surgeries and forty physical therapy sessions.  He missed work and could not fully participate in certain recreational activities such as archery, hunting, fishing and working on automobiles.  The court decided that there was a legitimate question whether Harlan suffered a serious injury. Harlan’s case will go to trial.

Tags: Lawrence County auto accident, limited tort, Pa auto accident

This entry was posted on Wednesday, March 31st, 2010 at 11:24 pm and is filed under Motor Vehicle Accidents, Personal Injury. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.