Chapman v. Schutz

35 Pa. D. & C.4th 485, 1996 Pa. Dist. & Cnty. Dec. LEXIS 95
CourtPennsylvania Court of Common Pleas, Crawford County
DecidedOctober 9, 1996
Docketno. A.D. 1995-515
StatusPublished

This text of 35 Pa. D. & C.4th 485 (Chapman v. Schutz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Crawford County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Schutz, 35 Pa. D. & C.4th 485, 1996 Pa. Dist. & Cnty. Dec. LEXIS 95 (Pa. Super. Ct. 1996).

Opinion

VARDARO, J.,

This case arises from an automobile accident. Plaintiff alleges that on November 23, 1994, she was driving her vehicle in a prudent manner when the defendant’s vehicle collided with hers. Plaintiff owned the car she was driving, however, prior to the accident, plaintiff had signed a waiver, at the request of her insurance company, that excluded her from liability, property, uninsured and underinsured coverage because her driving license had been suspended. Thus, plaintiff’s automobile insurance covered [487]*487her only for first party benefits if she was driving the vehicle.

On May 24, 1995, the plaintiff, seeking to recover both economic and noneconomic losses caused by such accident, filed a complaint against the defendant alleging negligence. On July 10, 1995, the defendant filed an answer and new matter which denied the material allegations of plaintiff’s complaint. Defendant, on June 12, 1996, moved for summary judgment on the plaintiff’s claim for noneconomic damages.

Defendant argues that the plaintiff is subject to the limited tort automobile insurance option as a matter of law, and pursuant to that option, the plaintiff cannot maintain a claim for noneconomic damages arising from an automobile collision. Defendant further argues that plaintiff does not fall into any of the exceptions that allow limited tort drivers to recover noneconomic damages. It is this motion that is now before this court.

DISCUSSION

Effective July 1, 1996, there is a new Rule of Civil Procedure governing summary judgments.

“After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law

“(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or

“(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential [488]*488to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.” Pa.R.C.P. no. 1035.2.

As authorized by 1 Pa.C.S. §1939,1 we look to the official comments in interpreting a rule. The explanatory note to Pa.R.C.P. no. 1035.2 reads as follows:

“The essence of the revision set forth in new Rule 1035.2 is that the motion for summary judgment encompasses two concepts: (1) the absence of a dispute as to any material fact and (2) the absence of evidence sufficient to permit a jury to find a fact essential to the cause of action defense. The former rule was unclear as to whether it encompassed the type of motion which is based upon a record which is insufficient to sustain a prima facie case. New Rule 1035.2(2) is explicit in authorizing such a motion.”

Pursuant to Pa.R.C.P. no. 1035.1 et seq., summary judgment may be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. Pa.R.C.P. nos. 1035.1, 1035.2. “[T]he party who brought the motion has the burden of proving that no genuine issue of fact exists. All doubts as to the existence of a genuine issue of a material fact are to be resolved against the granting of summary judgment.” Penn Cen[489]*489ter House Inc. v. Hoffman, 520 Pa. 171, 176, 553 A.2d 900, 903 (1989). In making this determination, the court must examine the record in the light most favorable to the non-moving party, who is entitled to the benefit of all reasonable inferences. Dorohovich v. West American Insurance Co., 403 Pa. Super. 412, 589 A.2d 252 (1991). The court must accept as true all well-pleaded facts in the opposing party’s pleadings, as well as any admissions of record. O’Neill v. Checker Motors Corp., 389 Pa. Super. 430, 567 A.2d 680 (1989). The entry of summary judgment is appropriate only in the clearest of cases. Reeves v. Morelli-Hoskins Ford Inc., 415 Pa. Super. 431, 433, 609 A.2d 828, 829 (1992); Burnside v. Abbott Laboratories, 351 Pa. Super. 264, 505 A.2d 973 (1985).2

Financial Responsibility

Under the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1701 et seq., drivers are bifurcated into two classes, those with limited tort rights and those with full tort rights. Drivers with limited tort rights are restricted to recovering economic damages, such as lost wages and medical expenses. 75 Pa.C.S. § 1705(d). Drivers with full tort rights may recover both economic and noneconomic damages, such as pain and suffering and other nonmonetary detriment. 75 Pa.C.S. § 1705(c).

Generally, a driver falls under the limited tort provision by, in his insurance contract, voluntarily selecting that option in exchange for a discounted premium. How[490]*490ever, drivers may also be subject to the limited tort provision involuntarily. Under 75 Pa.C.S. § 1705(a)(5), owners of currently registered private passenger motor vehicles who do not meet the definition of “financial responsibility,” as contained in 75 Pa.C.S. §1702, are deemed to have selected the limited tort option as a matter of law. Defendant alleges that because the plaintiff was, at the time of the accident, an excluded driver under her own policy, she is not financially responsible within the meaning of the MVFRL and thus has only limited tort rights as a matter of law. Defendant concludes that plaintiff is therefore precluded from recovering noneconomic damages unless she can prove one of the enumerated exceptions contained in 75 Pa.C.S. § 1705(d). Defendant contends that the plaintiff is not within any such exception.

Plaintiff counters that she has full tort rights under her insurance contract. Plaintiff maintains that in signing the exclusion agreement, plaintiff only agreed that there would be no bodily injury, property damage, under-insured or uninsured coverage for any loss in which she was the at-fault driver of the insured vehicle. Plaintiff avers that she was not at fault in her accident with the defendant and therefore her full tort coverage is in effect.

The plaintiff’s named driver exclusion, effective April 1, 1994, reads in pertinent part:

“We will not pay for any claim arising from an accident, occurrence, or loss under Part I, II, III, or IV of your policy if such accident, occurrence, or loss occurs while your insured car or any other car to which the terms of this policy may apply is being driven by any excluded person, either with or without your permission.”

[491]*491Plaintiff was the only excluded driver on such endorsement.

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Bluebook (online)
35 Pa. D. & C.4th 485, 1996 Pa. Dist. & Cnty. Dec. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-schutz-pactcomplcrawfo-1996.