While common pleas courts toil to apply the Supreme Court’s decision in Washington v. Baxter, PICS Case No. 98-2282 (Pa. Oct. 29, 1998) Cappy, J.; Flaherty, C.J., Zappala & Castille, JJ., concurring (17 pages), four recent cases illustrate an apparent split among trial courts over when an injury suffered by a plaintiff who has opted for limited tort coverage is so obviously not serious that the question need not be submitted to a jury.
In one case, a judge even said that the Washington decision forced him to deny a defendant’s motion for summary judgment where a man suffered from leg and foot injuries, when the judge did not believe them to be “serious.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]