X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 We decide, inter alia, whether a parent’s limited tort election applies to a minor residing with his parents, and whether the trial court properly applied sections 1711 (a) and 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) to reduce a verdict for medical expenses to zero.

�2 This action involved a motor vehicle accident. Plaintiff Robert Hobbs, who at the time of the accident was sixteen years old and living with his parents, sued for personal injuries. Hobbs was a passenger sitting in the rear of a vehicle driven by defendant Kevin Ryce. Ryce conceded liability, and the matter went to trial on causation and damages only. The jury determined that Ryce was causally negligent, and awarded Hobbs $3,000 in medical expenses. The jury did not award Hobbs any amount for pain and suffering or wage loss, although evidence was presented on these claims.

� 3 Post trial motions were filed by both parties. Ryce sought to reduce the verdict to zero, arguing that the MVFRL, 75 Pa.C.S. �� 1711 (a) and 1722, require that an injured insured recover the first $5,000 in medical expenses from his own insurer. The trial court granted this motion. The trial court also considered Hobbs’s post trial motion requesting a new trial on damages because the jury’s verdict on pain and suffering and wage loss was against the weight of the evidence. The trial court agreed, and granted a new trial limited to a determination of damages. Finally, the trial court denied Ryce’s motion that in a new trial Hobbs should be bound by the limited tort selection made by his father on his insurance policy. We have before us the parties’ cross-appeals from the trial court’s disposition of the parties’ post trial motions. We affirm in part and reverse and remand in part.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2022

December 06, 2022 - December 07, 2022
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

GlobeSt. INDUSTRIAL 2022

December 08, 2022 - December 09, 2022
Scottsdale, AZ

This conference brings together the industry's most influential & knowledgeable industrial real estate executives


Learn More

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Plaintiffs' Personal Injury Attorney


A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...


Apply Now ›

Tax and T&E Attorney


The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...


Apply Now ›

Corporate M&A Associate


A prestigious AV-rated law firm in Tampa is seeking qualified attorneys for its Corporate/M&A and Private Equity practice. Candidates mu...


Apply Now ›

LINDABURY, MCCORMICK, ESTABROOK & COOPER, P.C.

12/05/2022
NJLJ Web

Lindabury, McCormick, Estabrook & Cooper, P.C. would like to announce...


View Announcement ›

ANAPOL WIESS

11/22/2022
TLI Web

ANAPOL WEISS IS PLEASED TO ANNOUNCE THAT ATTORNEY JORDAN SOLARZ HAS JOINED THE FIRM


View Announcement ›

ANAPOL WIESS

11/21/2022
TLI Web

ANAPOL WEISS PROUDLY ANNOUNCES THE APPOINTMENT OF KILA BALDWIN AS AN EQUITY SHAREHOLDER


View Announcement ›