Orzel v. Morgan (Lackawanna County, PA)
Jan 01, 2008OUTCOME: Settled
Prevailed in case involving important issue of how to handle complex interplay between claim for future medical expenses and application of Act 6 of the Motor Vehicle Financial Responsibility Law. Jud ... ge Terrence R. Nealon accepted argument that future medical expenses were indeed “payable” under the Act and, therefore, the defense was entitled to an offset in the amount of the Plaintiff’s remaining PIP benefits. Court found that future medical expenses could not be further subjected to an Act 6 cost containment reduction as any remaining future medical expenses would be paid by the Plaintiff’s exempt health insurance plan. This decision of the court received much attention at CLE courses and on the PATLA website and was also the subject of an article in The Pennsylvania Law Weekly.