Coughlin v. Miljack Inc.

45 Pa. D. & C.4th 504, 2000 Pa. Dist. & Cnty. Dec. LEXIS 346
CourtPennsylvania Court of Common Pleas, Erie County
DecidedMarch 3, 2000
Docketno. 14402-1998
StatusPublished

This text of 45 Pa. D. & C.4th 504 (Coughlin v. Miljack Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coughlin v. Miljack Inc., 45 Pa. D. & C.4th 504, 2000 Pa. Dist. & Cnty. Dec. LEXIS 346 (Pa. Super. Ct. 2000).

Opinion

BOZZA, J.,

Once again, the court is being asked to determine as a matter of law whether a plaintiff has failed to prove the occurrence of a serious injury and is therefore precluded from recovering damages for noneconomic loss pursuant to the Motor Vehicle Financial Responsibility Law. 75 Pa.C.S. §1701 et seq. In each of the three cases before the court, the plaintiffs were injured in motor vehicle accidents and subject to “limited tort” insurance policies. Each filed an action against a driver claiming “a serious impairment of body function.” 75 Pa.C.S. §1702.

The Supreme Court has very explicitly determined that the question of whether a serious injury has been sustained is not a predicate responsibility of the trial court, but an issue to be decided within the context of traditional standards applicable to summary judgment. Washington v. Baxter, 553 Pa. 434, 719 A.2d 733 (1998). A summary judgment analysis requires that the court first determine if there are any material issues of fact in dispute, and then view the uncontested facts in a light most favorable to the non-moving party. If reasonable minds could not differ as to the meaning of those facts in light of the applicable law, summary judgment should be granted. Id. In Washington, the court also noted that with regard to the issue of serious injury “the ultimate determination should be made by the jury in all but the clearest of cases.” Id. at 441, 719 A.2d at 740.

In Washington, the court adopted the view of the Supreme Court of Michigan in DiFranco v. Pickard, 427 Mich. 32, 398 N.W.2d 896 (1986), and stated that in order to determine whether a serious injury1 has occurred, the trier of fact must decide the following:

[507]*507(1) Did the plaintiff suffer an injury that impaired a body function?

(2) If a function of the body had been impaired, was that impairment serious? Id.

In order to determine whether an impairment is serious, the following criteria, as well as other relevant considerations, should be considered:

(1) The extent of the impairment;

(2) The length of time the impairment lasted; and

(3) The kind and extent of treatment required to correct the impairment.

There is no requirement that the injury be permanent. Id. The MVFRL does not provide a definition of “serious” nor indicate any criteria to be used to determine the existence of a serious impairment of body function.

Notwithstanding the now more precisely delineated legal framework for analyzing the existence of a serious injury, the subjective nature of the term “serious” continues to make the resolution of the issue in a summary judgment or any other context very difficult. Indeed, ascertaining seriousness requires at least to some degree a relative inquiry which must take into consideration a myriad of individual circumstances and personal characteristics. Accordingly, it is not surprising that the Supreme Court of Michigan rejected the utilization of a singular conceptual analysis or standard in addressing the issue. DiFranco v. Pickard, 427 Mich. 32, 398 N.W.2d 896 (1986). In DiFranco, which the Pennsylvania Supreme Court looked to for guidance in defining “serious impairment of body function,” the court even rejected the notion that in order for there to be a serious bodily injury, an important body function must be impaired. Id. at 61. The court also declined to rely on the “general ability to live a normal life” test, and refused to adopt [508]*508the idea that serious injury had to be one that was “objectively manifested.” Id. at 66, 75.

In Washington, the plaintiff suffered a cervical sprain, foot sprain, and cuts and contusions. As a result he was treated in the ER and received a cortisone injection in his foot. The injury had no effect on his ability to work, although he could no longer push a lawnmower. He continued to have ongoing pain once per week, and periodically he reported that his ankle would swell. The Supreme Court applied a DiFranco analysis and concluded that the impairment of body function was not serious.

Recently, the Superior Court has provided some additional guidance in the analysis of factual settings suggestive of serious injury. In Hellings v. Bowman, 744 A.2d 274 (Pa. Super. 1999), the Superior Court decided that reasonable minds could differ as to whether the plaintiff sustained a serious impairment of body function when he incurred a herniated disc with lumbar radiculopathy. The injury resulted in numbness in the right knee, hip pain, muscle spasms in the back, hand cramping and frequent headaches. The plaintiff underwent physical therapy, chiropractic care, and took muscle relaxers and other medications. The functional consequences of the injury included his inability to ride in his wife’s car and drive his snowmobile, no work for six weeks, no skiing, limitations on his ability to hunt and horseback ride and to physically interact with his children. The duration of his impairment was not clear. His medical condition was diagnosed by a neurosurgeon.

The plaintiff in Kelly v. Ziolko, 734 A.2d 893 (Pa. Super. 1999) also suffered a herniated disc with involvement of nerves affecting his face and toes. Treatment included physical therapy and exercise, chiropractic care [509]*509and pain medications, but no surgery. As a result of his injury, Kelly could no longer run or ride his bike, could do limited walking, and couldn’t play with his child. However, he had no work limitations. While the duration of the impairment is not explicitly set forth, it appears that part of the functional consequences will be permanent. He endured pain for a period of at least two years following the accident. There was medical confirmation of his limitations, and an indication that his condition may worsen. In these circumstances, the court concluded that reasonable minds could differ as to whether Mr. Kelly had sustained a serious impairment of his back.

In Furman v. Shapiro, 721 A.2d 1125 (Pa. Super. 1998), Furman had a back/neck injury described as a “bulging disc.” He underwent physical therapy and did home exercises and apparently was prescribed medication. He was required to reduce work to part-time, could walk no more than one block, and could do no heavy lifting. His impairment continued to exist as of three years following the date of the accident. The doctor described the condition as permanent. The Superior Court, finding that reasonable minds could differ as to the existence of serious injury, reversed the trial court’s grant of summary judgment.

Additional examples of instances where plaintiffs alleged serious injury are found in DiFranco. In each of the following cases, the court found that reasonable minds could differ as to the existence of a serious injury:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Furman v. Shapiro
721 A.2d 1125 (Superior Court of Pennsylvania, 1998)
Washington v. Baxter
719 A.2d 733 (Supreme Court of Pennsylvania, 1998)
DiFranco v. Pickard
398 N.W.2d 896 (Michigan Supreme Court, 1986)
Kelly v. Ziolko
734 A.2d 893 (Superior Court of Pennsylvania, 1999)
Hellings v. Bowman
744 A.2d 274 (Superior Court of Pennsylvania, 1999)
Washington v. Baxter
719 A.2d 733 (Supreme Court of Pennsylvania, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
45 Pa. D. & C.4th 504, 2000 Pa. Dist. & Cnty. Dec. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coughlin-v-miljack-inc-pactcomplerie-2000.