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Limited Tort

Injured motorist’s injuries represent serious impairment of a bodily function—exceed limited tort threshold

– The Pennsylvania Superior Court, on Thursday, affirmed a Philadelphia trial court’s finding that a laborer sustained a “serious injury” to overcome the limited tort threshold. In the 7-pg. opinion in Long v. Mejia, the Court addresses its two-part test to determine whether a serious impairment has occurred and determined that because plaintiff was a laborer, his RSD injury is a serious injury, where for others it may not be. There is also the example given of a violinist who suffers an injury to his hand. The Court stresses that each is different and the defendant must take the plaintiff as he or she is.



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