Our firm, Foley, Cognetti, Comerford , Cimini & Cummins convinced Judge Terrence Nealon of the Lackawanna County Court of Common Pleas, and later, the Superior Court, that the Plaintiff’s case failed to breach the serious injury threshold of the limited tort alternative under Pennsylvania law. Possibly the first case to have secured a summary judgment on the limited tort issue in Lackawanna County under the more stringent standard issued by the Pennsylvania Supreme Court in Washington v. Baxter, 719 A.2d 733 (Pa. 1998).

The document below is the prevailing Brief filed with the Superior Court. The trial court and Superior Court decisions may be found at Sekol v. Albrecht, 2001 WL 1179417 (Lacka.Com.Pl. 2001) aff’d 832 A.2d 552 (Pa.Super. 2003).