L.S. v. David Eschbach, Jr., Inc.

OPINION

Justice NEWMAN.

We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle drivers and passengers, but also to pedestrians. A majority of the Superior Court determined that Section 1705 expressly precludes a pedestrian, who is insured by a limited tort automobile policy, from recovering noneconomic damages absent serious injury. For the reasons discussed herein, we reverse…