Pennsylvania Supreme Court Upholds Statutory Cap on Damages

On November 19, 2014 the Pennsylvania Supreme Court issued a decision rejecting a challenge to the statutory cap on damages.

Under the Pennsylvania Political Subdivision Tort Claims Act, damages in personal injury claims are capped at $500,000.00.  

In Zauflik v. Pennsbury School District, the plaintiff sustained serious and permanent bodily injuries when she was accidentally struck by a school bus operated by the Pennsbury School District.   After a four day trial, the jury entered a verdict of over 14 million dollars.   The verdict was subsequently molded to conform with the statutory limitation on damages.

The plaintiff appealed raising several arguments, including that the statutory limitation on damages was a violation of equal protection.

The Supreme Court rejected these arguments and affirmed the constitutional validity of the statutory limits on bodily injury claims against local government agencies.

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