Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff

The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant disregarded a stop sign. The defendant filed a motion in limine, which the trial court granted, determining that the plaintiff was bound by a limited tort election in her automobile insurance policy. The jury found at trial that there had not been a serious injury, and as a result, the plaintiff could not recover damages. While the plaintiff claimed that the limited tort election on her insurance policy was not properly authenticated, the court found that the policy met the low burden of proof for authentication despite misspellings of the plaintiff’s name on the document. Thus, the trial court did not abuse its discretion and the judgment is affirmed. 

_{Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}