Two recent Pennsylvania trial court decisions, one at the state level and one in the federal system, have clarified the test and factors applicable to the issue of whether a scar amounts to a permanent serious disfigurement under the limited tort analysis in motor vehicle accident cases.
While determining whether an injury amounts to a permanent serious disfigurement would be easy in the case of Frankenstein, the Phantom of the Opera, or Captain Hook, in reality, the issue is case specific and, at times, difficult to assess by both the litigants and the court.
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