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Keywords

plaintiffdefendantjurisdictiontrialmotionsummary judgmentmotion for summary judgment

tortplaintiffdefendanttestimonymotionsummary judgmentwillsustained

Related Cases

Stringfellow v. United States, Not Reported in Fed. Supp., 2020 WL 3084286

Facts

On October 16, 2015, Robin Stringfellow was a passenger in her daughter's car when it collided with a vehicle driven by Army officer Earnest Nicholson. Nicholson, who had obstructed vision while crossing traffic, claimed that Stringfellow's daughter was speeding, which is disputed. Stringfellow suffered a spiral fracture of her left humerus, underwent surgery, and experienced complications, including a radial nerve palsy. She has since reported ongoing issues with her arm, affecting her daily activities.

On the day of the accident, Plaintiff was a passenger in the back seat of her daughter's car when it collided with the vehicle driven by a United States Army officer, Earnest Nicholson.

Issue

The main legal issues were whether Stringfellow's injuries qualified as a 'serious injury' under Pennsylvania's Motor Vehicle Financial Responsibility Law and whether the court had jurisdiction over her radial nerve injury claim.

The MVFRL allows Pennsylvania drivers to elect either a 'limited tort' or a 'full tort' option when purchasing their car insurance.

Rule

Under Pennsylvania law, a 'serious injury' is defined as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement. The determination of serious injury is typically left to a jury unless reasonable minds could not differ on the issue.

The determination of whether Plaintiff has suffered a serious injury must 'be left to a jury unless reasonable minds could not differ on the issue of whether a serious injury had been sustained.'

Analysis

The court analyzed the evidence presented by both parties, noting that there were conflicting expert opinions regarding the extent and permanence of Stringfellow's injuries. While the defendant's expert claimed she had fully recovered, the plaintiff's expert indicated ongoing issues that disrupted her daily activities. The court concluded that these disputes created genuine issues of material fact that precluded summary judgment.

Simply put, these disputed facts, including but not limited to contradictory medical testimony, preclude summary judgment as a matter of law as to whether Plaintiff sustained a serious impairment.

Conclusion

The court denied the defendant's motion for partial summary judgment and granted the plaintiff's motion in part, allowing the case to proceed to trial to resolve the factual disputes regarding the severity of Stringfellow's injuries.

For all of these reasons, Defendant's motion for partial summary judgment will be denied.

Who won?

The plaintiff, Robin Stringfellow, prevailed in part as the court denied the defendant's motion for summary judgment, allowing her claims to proceed to trial based on the existence of genuine issues of material fact.

The court found that there are genuine material issues of fact regarding whether Plaintiff's impairment is serious.

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