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Plaintiff Seriously Injured In Trucking Accident Permitted To Recover Future Medical Expenses Not Deemed “Payable”

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 14, 2012 in General

On April 11, 2011 Judge Munley from the Middle District of Pennsylvania in  Kansky v. Snowman, 3:09cv1863 (M.D. Pa. April 11, 2011) decided several issues on Motions in Limine in an injury case arising out of a car accident. Among the admissibility rulings he holds that the Plaintiff may plead, prove and recover future medical expenses.

The Defendant argued that under Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law the Plaintiff is precluded from recovering these benefits which may be covered by health insurance. Judge Munley denies the Motion and finds that the expenses are not deemed “payable” under the law because their is no guarantee the Plaintiff will have health insurance at the time the bills are incurred. Therefore, the future medical expenses can be plead, proven and recovered.

For a copy of the memorandum opinion contact Scott Cooper below. Scott B. CooperSchmidt Kramer PC 209 State Street Harrisburg, PA 17101 (717) 232-6300 – Telephone (717) 232-6467 – Facsimile scooper@Schmidt www.Schmidt Kramer