Last week we wrote a post on the lawsuit a young Pennsylvania woman filed against Pennsbury School District after a bus accident caused her to sustain serious injuries. One of the injuries caused her to lose part of one of her legs. Because the school district admitted fault prior to the trial, liability was not considered. The trial focused on damages instead.
After deliberating for almost four hours, the jury returned its verdict. The now 21-year-old was awarded $14 million dollars. Of that amount, almost $3 million was for medical expenses, both past and future. The remaining $11.1 million was for non-economic damages. Non-economic damages include things such as disfigurement and pain and suffering.
The issue now is whether the young woman will actually recover that amount. In 1980, Pennsylvania's state legislature set a liability cap of $500,000 on any judgment against local and state governments. That cap was unsuccessfully challenged in 1986. At that time the state supreme court determined a cap did not violate the constitution of either the state or country.
The attorney for the young woman believes the school district owes the woman more than the $500,000 allowed under the cap. He has pointed out that the cap does not actually prohibit the school district from paying an additional amount. He indicated that his client is willing to negotiate a settlement less than the jury awarded, but that would still be in line with what one would expect to recover after experiencing the physical and emotional upheaval the young woman did.
We will continue to follow the story and post updates as they become available.
Source: Phillyburbs.com, "Jury awards $14 million in Pennsbury bus accident," Jo Ciavaglia, Dec. 6, 2011