Young girl injured by motorist is not restricted to 'limited tort'

An 11-year-old girl who was struck by a motorist after coming off a school bus may seek recovery for noneconomic damages she sustained, the Pennsylvania Supreme Court today ruled in L.S. v. Eschbach. In an important case of first impression involving the rights of pedestrians under the Motor Vehicle Financial Responsibility Law, the Supreme Court reversed a Superior Court majority decision precluding the victim, whose family is insured by a limited tort automobile policy, from recovering noneconomic damages absent serious injury. In the 12-page opinion authored by Madame Justice Newman, the Supreme Court concluded that “neither the plain language of the statute nor the express legislative intent support a statutory interpretation that restricts the right of recovery of a pedestrian based on his or her limited tort election.” The Court reversed that portion of the Superior Court’s decision that deemed Section 1705 applicable to pedestrians and remanded the matter to the trial court for further proceedings.