D'Andrea v. Armstrong

28 Pa. D. & C.4th 331
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedDecember 29, 1995
Docketno. 2194
StatusPublished

This text of 28 Pa. D. & C.4th 331 (D'Andrea v. Armstrong) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D'Andrea v. Armstrong, 28 Pa. D. & C.4th 331 (Pa. Super. Ct. 1995).

Opinion

HALBERT, J.,

This matter was submitted to this court on briefs by each party for disposition.

The issue before this court is whether the Motor Vehicle Financial Responsibility Law precludes a family member residing with the owner of an uninsured motor vehicle from recovering non-economic damages against a third-party tort-feasor for injuries arising out of the use and maintenance of an automobile.

[333]*333The parties have stipulated to the following facts:

On December 14, 1991, plaintiff was driving a car which was struck by a vehicle driven by defendant. Liability for the accident is not in dispute. At the time of the accident, plaintiff was driving a 1990 Hyundai which was registered in Pennsylvania to her mother, Elaine Katuran. This vehicle was not insured. Plaintiff claims that she is now entitled to maintain a full-tort recovery action for non-economic loss under the MVFRL § 1705(b)(3) because she was not the registered owner of the uninsured Hyundai.

Defendant maintains that plaintiff is bound by the limited tort option pursuant to the MVFRL §1701 et seq. because she was a de facto owner of the uninsured motor vehicle. In addition, defendant argues that even if the court determines that she was not an “owner” of the vehicle, plaintiff should nevertheless be bound by the limited tort option pursuant to section 1705(b)(2). Under sections 1702 and 1705(b)(2), a relative residing with an owner of a currently registered vehicle is bound by the owner’s tort election.

This court will first address the issue of de facto ownership.

Black’s Law Dictionary defines owner as “[t]he person in whom is vested the ownership, dominion, or title of property.” Black’s Law Dictionary, Revised Fourth Edition (1968). (emphasis added) The Vehicle Code defines “owner” as “[a] person other than a lien-holder, having the property right in or title to a vehicle.” 75 Pa.C.S. §102. (emphasis added) The parties have stipulated that the vehicle in question was registered to plaintiff’s mother, Elaine Katuran. Although not conclusive, title and registration are evidence of ownership. Wasilko v. Home Mutual Casualty Company, 210 Pa. Super. 322, 232 A.2d 60 (1967). In addition, plaintiff [334]*334testified that she did not pay to re-register the vehicle. Furthermore, plaintiff testified that her mother pays for all repairs to the car. Plaintiff did not purchase the vehicle and, in fact, did not even contribute any money towards its purchase.

Defendant argues that plaintiff had extensive use of the vehicle and that there were two sets of keys. Although these are factors to consider, these arguments do not rise to the level of de facto ownership. Accordingly, the court finds plaintiff was not the de facto owner of the Hyundai.

Defendant next argues that because plaintiff’s mother, as owner of the uninsured vehicle, was deemed by operation of law to have chosen the limited tort option, plaintiff should be bound by that limited tort option pursuant to section 1705(b)(2) of the MVFRL.

The purpose of the Motor Vehicle Financial Responsibility Law is to require all owners of motor vehicles, which are required to be registered in this Commonwealth, to be financially responsible. Mowery v. Prudential Property & Casualty Insurance Co., 369 Pa. Super. 494, 535 A.2d 658 (1988).

In the present case, defendant, Ms. Armstrong, through her counsel, argues that plaintiff should be bound by the limited tort option since she is a relative of an owner who is deemed to have chosen the limited tort by virtue of 75 Pa.C.S. § 1705(a)(5).

The 1990 amendment of the act pursuant to 75 Pa.C.S. § 1705(a)(5) provides:

“(5) An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort alternative.”

[335]*335In finding that plaintiff’s mother has by operation of law chosen the limited tort alternative, the question becomes what effect does that choice have on her daughter who resides with her. 75 Pa.C.S. § 1705(a) “limited tort” option states:

“(A) ‘Limited tort’ option — The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of ‘serious injury ’ as set forth in the policy or unless one of several other exceptions noted in the policy applies. The annual premium for basic coverage as required by law under this ‘limited tort’ option is $ Additional coverages under this option are available at additional cost.” (emphasis added)

In the recently decided Superior Court case of Berger v. Rinaldi, 438 Pa. Super. 78, 651 A.2d 553 (1994), the court held that the full-tort option elected by plaintiff’s parent was imputed to plaintiff, even though he owned an uninsured motor vehicle not involved in the accident. In that case, the plaintiff who resided with his mother at the time of the accident was driving his mother’s vehicle in which she had elected the full-tort option.

The Superior Court held the following:

“Applying section 1705(b)(2) to the facts of this case, we find that Berger is not precluded from pursuing recovery for any/all non-economic losses. The parties stipulated that: under the terms of his mother’s auto[336]*336mobile policy, Berger was an ‘insured’ for all intents and purposes; Berger’s mother elected the full tort alternative; and Berger was not a named insured under any other policy of insurance. Under the plain meaning of section 1705(b)(2), therefore, the full tort option elected by mother was imputed to Berger. At the time of the accident, Berger was financially responsible as a resident/relative insured under his mother’s policy. As such it is not appropriate to apply the mandates of section 1705(a)(5) to situations where, as here, the vehicle involved in the accident is an ‘insured’ vehicle and the driver is an insured and financially responsible individual. On the other hand, if Berger had been driving his currently registered, but uninsured, automobile at the time of the accident, section 1705(b)(2) would not apply, and section 1705(a)(5) would clearly prohibit him from recovering for any non-economic loss.” (emphasis added) Id. at 87-88, 651 A.2d at 557.

In following the rationale set forth in Berger, and finding that plaintiff’s mother has by operation of law chosen limited tort the question becomes does section 1705(b)(2) or section 1705(b)(3) become the operable statute.

Plaintiff contends section 1705(b)(3) should apply and defendant argues section 1705(b)(2) is applicable. 75 Pa.C.S. §1705 election of tort option provides:

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Related

Berger v. Rinaldi
651 A.2d 553 (Superior Court of Pennsylvania, 1994)
Mowery v. Prudential Property & Casualty Ins.
535 A.2d 658 (Supreme Court of Pennsylvania, 1988)
Wasilko v. Home Mutual Casualty Co.
232 A.2d 60 (Superior Court of Pennsylvania, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
28 Pa. D. & C.4th 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dandrea-v-armstrong-pactcomplphilad-1995.