Limited Tort Question

Date: September 24, 2008

On June 10th, 2008, 12-year-old Theodore Cleaver exited from his school bus and proceeded to cross in front of the school bus into the opposite lane of traffic. A vehicle driven by Edward Haskell proceeding in the opposite direction of the school bus failed to come to a stop as required by the law. Poor Theodore was struck by the car. Theodore suffered numerous contusions, abrasions and fractures.

Theodore would end up being in a cast the entire summer of 2008, and he would not be able to participate in any sports at school for the following year. Theodore was also essentially bedridden for almost eight weeks. Fortunately, Theodore would make a full recovery from his injuries.

Theodore\’s mother sought to bring a law suit against Mr. Haskell and his insurance company. Mr. Haskell\’s insurance company\’s lawyer stated that since Mrs. Cleaver had limited tort and Theodore would make a full recovery, Mrs. Cleaver could not sue.

Question: Would Mrs. Cleaver be able to bring a suit on behalf of her son?

Answer: Yes. A person who is a pedestrian is allowed to bring a law suit regardless of what automobile insurance coverage they have under their own automobile policies. Limited tort restrictions do not apply to pedestrians who are injured by automobiles.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.