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Steve Capriotti has Summary Judgment granted in Motor Vehicle Accident Litigation when Plaintiff’s Expert Witnesses are Precluded

July 2018

In a series of rulings by the Chester County Court of Common Pleas, Steve Capriotti was successful in having a Motion in Limine and Motion for Summary Judgment granted in a matter that arose out of an intersectional motor vehicle accident. Plaintiff alleged that he sustained severe injuries to his heart, as well as other injuries as a result of the accident. The defense obtained an order precluding Plaintiff’s medical experts from testifying at the time of trial based on the argument that the experts’ opinions did not meet the level of scientific certainty required to prove causation under Pennsylvania law. Plaintiff maintained that his treating physicians were not expert witnesses retained for the purposes of litigation and therefore their opinions did not need to rise to the same level of medical certainty of a typical expert witness. The Honorable Mark L. Tunnell agreed with the argument made on behalf of the Defendants. Mr. Capriotti then obtained an order granting summary judgment on Plaintiff’s remaining claims for “bumps and bruises,” on the basis that Plaintiff, as a limited tort claimant, failed to prove that he sustained a serious impairment of a bodily function, permanent disfigurement or death, as is required to obtain damages under Pennsylvania law.

The trial court’s decision was recently affirmed on appeal.