In the case of Brown v. Trinidad, 2015 Pa. Super. 46 (2015), the Superior Court of Pennsylvania affirmed an $85,000 jury verdict in favor of a Plaintiff who had elected the limited tort option. In a March 9, 2015 opinion authored by Judge Lazarus, the court stated that the Philadelphia County jury’s determination that Plaintiff, Andrew Brown, sustained a serious impairment of bodily function as the result of a November 3, 2011 accident was proper.

At trial, Plaintiff presented testimony from medical expert Dr. Geoffrey Temple, who opined that Brown sustained a disc herniation at L5-S1 due to the subject accident. This injury was confirmed by MRI. Dr. Temple further testified that Brown’s injuries will have permanent effects on his life and he may require future medical treatment, including injections and/or surgery.

The jury was also presented with evidence that Brown began treatment with a chiropractor approximately three weeks after the accident when his pain became more severe. This treatment lasted for approximately five months, at which time Brown was informed that he had reached maximum medical improvement. Brown testified that he is no longer able to play with his daughter and that he has difficulty running and jumping due to his injuries.


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I have previously written about the various exceptions to limited tort in Pennsylvania as contained in 75 Pa.C.S.A. 1705.  These exceptions allow drivers who have selected the limited tort option on their auto insurance policy to recover damages for pain and suffering as if they had elected the full tort option.  The most commonly applied