Smith v. Phillips

HILL, J.,

Plaintiff has made a claim for uninsured motorist benefits and medical payments under the Pennsylvania Assigned Claims Plan. Plaintiff has alleged that on February 26,1989, he was the occupant of an uninsured 1976 Plymouth 4-door station wagon parked at 2709 54th Drive, Philadelphia, Pa. Plaintiff was in a stooped position in the back seat cleaning the floor when the left side of the Plymouth was sideswiped by another vehicle, owned by William Phillips and driven by an unidentified driver. As a result of the accident plaintiff testified he “hit the floor” and remained there for 20…