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 … [Read more...]
PA Supreme Court Refuses Appeal on Important Underinsured Motorist Case
March 26, 2010 by
Amanda Pusl was injured in a car wreck through the negligent driving of Matthew Means. After a two-day trial, a jury awarded Pusl $100,000 in damages for her injuries. Before trial, Pusl had already received $75,000 for these injuries from her own underinsured motorist insurance company, State Farm. $75,000 was the limit of Pusl’s underinsured motorist coverage with State Farm. As requested by Means’ attorney, the trial judge subtracted the $75,000 from the $100,000 jury verdict, reducing it to $25,000. Pusl filed an appeal. On appeal, the Pennsylvania Superior Court, clearly misreading the … [Read more...]
New York Times Recognizes Validity of McDonald’s Lawsuit
March 11, 2010 by
Yesterday, the New York Times recognized what personal injury lawyers like me have known for a long time: companies that sell food to the public “have an undeniable responsibility to ensure their products are safe.” The editorial, titled “A Nonfrivolous Suit”, discusses a lawsuit against McDonalds filed in Virginia. This is not the famous McDonald’s hot coffee case. In this latest lawsuit, Frank Sutton’s lips were severely burned when he bit into an extremely hot fried chicken sandwich. The next morning he noticed that his lips had bled on his pillow. The federal District Court dismissed the suit. … [Read more...]
