Despite finding that Pennsylvania’s statutory damages cap is “profoundly unfair if not unconscionable” to a plaintiff who suffered extensive injuries in a SEPTA bus crash, a Philadelphia judge rejected a post-trial motion challenging the cap’s constitutionality.

The plaintiff, Hayley Freilich, was in a bus accident, leaving her with significant injuries, extensive medical bills, and likely with future medical costs. In October, the Southeastern Pennsylvania Transportation Authority admitted negligence in the crash and agreed to the $7 million stipulated verdict, which was entered on the docket.