Auto Accident Case Dismissed for Failure to Prove Serious Injury
A Monroe County judge has dismissed an auto accident case filed by a woman who claimed she was injured as a passenger in her mother's car when it went off the road and was subsequently hit by a truck for failing to show a "serious impairment."
March 19, 2020 at 02:51 PM
3 minute read
A Monroe County judge has dismissed an auto accident case filed by a woman who claimed she was injured as a passenger in her mother's car when it went off the road and was subsequently hit by a truck for failing to show a "serious impairment."
Monroe County Court of Common Pleas Judge David Williamson granted defendant Harvey Burger Construction's motion for summary judgment on the case filed by Laurie Schmidt-Ramirez and her daughter Vanessa Ramirez.
Ramirez claimed she sustained a concussion as a result of the 2014 accident, and from that, has endured continuing injuries such as headaches. She also claimed the injury affected her schoolwork and her employment prospects.
According to Williamson's opinion, Ramirez graduated from high school and college and holds a job, despite her injuries.
"We find that plaintiff Ramirez has not presented sufficient evidence to show that she has suffered a serious impairment of body function," Williamson said. "Although she describes herself as 'scatter brained' and alleges sometimes she has difficulty thinking, plaintiff Ramirez has not sought medical attention or treatment for more than six years."
"Meanwhile she was able to graduate from high school and earn a degree from Pace University," Williamson continued. "She is, as of the time of her deposition, employed. Her complaints of continued medical issues are largely subjective. Plaintiff Ramirez has failed to provide any expert medical testimony regarding the long-term effects of a concussion and how such is affecting her life."
Williamson reiterated that the only medical documents pertaining to her injury were from six years ago, post-accident.
"There is no medical diagnosis or findings that tie any of her current alleged ailments to the accident," Williamson said. "Although we are sympathetic to plaintiff Ramirez's family situation, it is also clear from the evidence that she was and continues to be under a number of stressors unrelated to her alleged injuries."
Williamson also rejected the plaintiffs' argument that Pennsylvania's limited tort laws as applied to their case are unconstitutional. Ramirez argued that she has been denied access to the court system because of her mother's financial difficulties and corresponding choice of cheap insurance.
Williamson said that more affordable insurance also comes with a greater risk that certain legal claims cannot be pursued.
"Further, limited tort law does not leave plaintiff Ramirez without any possibility of recovery," Williamson said. "As already explained, the law still protects those who have suffered economic losses and the very worst of injuries which manifest with life-altering affects."
Ramirez's attorney, Michael Foley of the Foley Law Firm, said, "We're going to file an appeal." He continued, "Why in the world should our access to justice be based on your ability to pay an insurance premium?"
Burger's attorney, Richard Santee Jr. of Shay, Santee & Kelhart, said the opinion was consistent with the Monroe County court's "establishing a floor by which injury claims are measured."
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