Anthony v. Browne

O’BRIEN, J.,

The plaintiffs have filed a complaint seeking economic and noneconomic damages resulting from personal injuries sustained in an automobile accident on February 16, 1997, in East Stroudsburg, Monroe County, Pennsylvania. In their responsive pleadings, the defendants alleged in “new matter” that the plaintiffs’ right of recovery was limited by their “election of tort liability.” Defendants have now filed a motion for summary judgment challenging the *498right of Wendy Ace, who was a passenger in her parents’ vehicle, from claiming noneconomic damages. The motion is premised on the…