While common pleas courts toil to apply the Supreme Court’s decision in Washington v. Baxter, PICS Case No. 98-2282 (Pa. Oct. 29, 1998) Cappy, J.; Flaherty, C.J., Zappala & Castille, JJ., concurring (17 pages), four recent cases illustrate an apparent split among trial courts over when an injury suffered by a plaintiff who has opted for limited tort coverage is so obviously not serious that the question need not be submitted to a jury.
In one case, a judge even said that the Washington decision forced him to deny a defendant’s motion for summary judgment where a man suffered from leg and foot injuries, when the judge did not believe them to be “serious.”
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