eNotes: Liability – May 2022 – Federal

SIGNIFICANT CASE SUMMARIES

FEDERAL CASE SUMMARY

Devoue v. Am. Sitework, LLC
United States District Court for the Eastern District of Pennsylvania
No. 2:20-CV-06003-KSM

Decided: March 4, 2022

Court holds that an uninsured Plaintiff is entitled to full tort coverage because, in a third party action, he was deemed to have full tort coverage, pursuant to 75 Pa.C.S. §1705(d), as the alleged tortfeasor’s vehicle was registered in another state.

Background

Plaintiff was driving an uninsured vehicle and was injured in an accident when pebbles allegedly fell from the back of the Defendant’s vehicle which was registered in New Jersey.

Ordinarily, under Pennsylvania law, Plaintiff would be deemed to be a limited tort Plaintiff, under Section 1705(a)(5), because he was the owner of a registered but uninsured vehicle. However, the Court held that, in the third party case, Plaintiff would be considered a full tort Plaintiff, under Section 1705(d), because Plaintiff was injured as a result of the alleged negligence of a driver of a vehicle that was registered in another state. As such, the Court ruled that Plaintiff need not show that he sustained a serious injury in order to recover non-economic damages.

Holding

An uninsured Plaintiff will be determined to have full tort coverage where an alleged tortfeasor is driving a vehicle that is registered in another state.

Questions about this case can be directed to Jonathan Danko at (717) 441-3957 or jdanko@tthlaw.com.