Hartman v. McAnallen Corp.

FINKELHOR, J.,

This matter, a tort action for personal injuries allegedly resulting from a motor vehicle accident, is before the court en banc on the motion of defendant McAnallen Corporation for summary judgment for failure to allege *716threshold damages in excess of $750 as required by section 301(a)(5)(B) of the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, PL. 489, 40 P.S. § 1009.301(a)(5)(B).

Plaintiffs’ complaint in trespass, filed November 30, 1979, alleged that the husband/plaintiff1 was involved in a motor vehicle accident in the vicinity of the Fort Pitt Tunnels and…