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Schwartzberg v. Greco

Although not a named insured, plaintiff was deemed to have chosen limited tort alternative after girlfriend purchased limited tort option insurance policy covering plaintiff's auto.

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�1 Appellant, Jacob Schwartzberg, appeals from the March 14, 2001 order of the Court of Common Pleas of Philadelphia County, which granted partial summary judgment in favor of Appellee, Joseph Greco. *fn2 We affirm.

�2 On October 11, 1997, Appellant was injured when he was struck by a motor vehicle operated by Appellee while Appellant was a pedestrian on a roadway in Philadelphia. Specifically, the outside passenger mirror of the vehicle driven by Appellee stuck Appellant’s left elbow as Appellee drove by.

�3 On the date of the accident, Appellant was the owner of a 1985 Dodge Caravan. On that date also, Appellant’s driving privileges had been suspended by the Commonwealth of Pennsylvania. As a result of the license suspension, Appellant did not have motor vehicle insurance in his own name.

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