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.
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