Branoff v. Fitzpatrick

A majority of the Court concludes that the Pennsylvania Motor Vehicle No-fault Insurance Act1 has overruled, by implication, prior Supreme and Superior Court decisions holding that a person who has sustained personal injuries and property damage arising out of the same tortious act must seek recovery for both in a single action. Because the majority’s decision is contrary to well established legal principles and also because it will create unwarranted uncertainty for litigants and unnecessary burdens for an already overburdened judicial system, I must respectfully dissent.

On December 24,…