Andreyo v. Radle

HOOVER, J.,

Dissenting, April 1,2002 — Based upon our review of the language of the Pennsylvania Motor Vehicle Responsibility Law, the Superior Court’s analyses in analogous cases, and instructive common pleas decisions of other courts, we respectfully dissent, and would conclude that the restrictions of 75 Pa.C.S. § 1705 (limited tort), apply to a pedestrian struck and injured by a motor vehicle who is an “insured” under a policy for which the limited tort option has been affirmatively elected. We would also find, as a matter of law, that plaintiff has not presented evidence sufficient to…