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A Summary of Recent Pennsylvania
Appellate Court Decisions & Rule Changes
REPORTING DECISIONS THROUGH AUGUST 1 2006
PENNSYLVANIA STATE COURT DECISIONS
1. CIVIL LITIGATION
1.1. AUTOMOBILE INSURANCE
*Superior Court of Pennsylvania
*Santorella v. Donegal Mutual Insurance Co. Authentic
Patrick Kane Jersey , 2006 PA Super 202 (July 31, 2006)
Holding:An individual who owns a registered, uninsured motor vehicle – in a
state other than Pennsylvania – is precluded from receiving first party medical
benefits under a policy issued to another member of the individual’s household.
In this case, plaintiff David Santorella, Jr., owned an uninsured car registered
in California. The Superior Court denied the plaintiff first party benefits
under 75 Pa.C.S.A. § 1714 “because the word ‘registered” is not qualified by the
words ‘in this Commonwealth’ in the statute, we … refuse to read into the
section an exception it does not explicitly declare…”
*Wheeler v. Nationwide Mutual Fire Insurance Co., 2006 PA Super 197 (July
31 Authentic
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Holding:An individual whose motor vehicle insurance policy – on which he or
she is a named insured – does not provide income loss, may not recover first
party income loss benefits from the insurance policy covering the motor vehicle
he or she was driving at the time of the accident.
1.2. DAMAGES
*Superior Court of Pennsylvania
*Excavation Technologies, Inc. v. Columbia Gas Co. of Pa., 2006 PA Super 164
(July 7, 2006)
Holding:A utility company is considered to be in the business of supplying
information when acting in compliance with the Pennsylvania One Call System and
is therefore subject to Section 552(2) of the Restatement (Second) of Torts. In
addition, the Court adopts Section 552(3) for negligent misrepresentation cases
that arise under the One Call Act. Finally, the Court holds that the economic
loss doctrine – which states that no cause of action exists for negligence that
results solely in economic damages unaccompanied by physical injury or property
damage – does not automatically apply when only economic losses are alleged.
Rather, if Authentic
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the defendant was in the business of supplying information, and (2) it was
foreseeable that the information would be used and relied upon by third parties,
the claim may proceed under Section 552 of the Restatement, and the economic
loss doctrine is inapplicable.
1.3. MEDICAL MALPRACTICE CLAIMS & CIVIL PROCEDUREPLEADINGS
*Superior Court of Pennsylvania
*Rostock v. Anzalone, 2006 PA Super 191 (July 26, 2006)
Holding:A complaint may be dismissed under the doctrine of lis pendens based
upon the pendency of a prior action or an agreement for alternative dispute
resolution. The mere filing of a second complaint, identical in all respects to
the first with the sole exception that the second complaint alleged Authentic
Jonathan Toews Jersey , “This is a medical malpractice action,”
does not make the defense of lis pendens unav. Wholesale
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