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The federal court for the Middle District of Pennsylvania in Harrisburg recently addressed an issue regarding the recovery of special damages in a Motion in Limine in Bieber v. Nace, 2011 WL 6180719 (M.D.Pa. Dec. 13, 2011). The Plaintiffs filed a suit arising out of a car accident and their resultant injuries.

The Defendants filed affirmative defenses including claims that the Plaintiffs’ recovery was reduced or barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsbility Law (MVFRL). The Plaintiffs argued that the defenses should be stricken since the medical bills were paid by a self funded ERISA plan which was making a claim for reimbursement. The Plaintiffs filed a Motion in Limine.

Judge Connor reviews the pertinent statutes and case law and finds that the MVFRL, specifically Section 1720 and 1722, cannot reduce or bar the plaintiff’s recovery of medical expenses paid for by ERISA plan . He grants the Motion in Limine.

For a copy of the order feel free to contact Scott Cooper at SchmidtKramer Injury Lawyers.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile

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