Krock v. Chroust

HESTER, Judge:

This appeal raises the novel issue of whether a jury verdict on a survival action should be reduced by $15,000.00, the maximum work loss benefits recoverable under the No-fault Motor Vehicle Insurance Act. 1 We hold that the lower court improperly granted appellee’s motion to mold the verdict, and we hereby reinstate the original verdict of $100,000.00.

Appellant’s decedent was involved in an automobile accident on September 24, 1975, and died from his injuries twelve days later. Appellant thereafter filed a complaint in trespass alleging a survival cause of action and a wrongful…