As many expected, the Pennsbury School District has filed a motion to try to reduce the $14 million verdict that was awarded to a young woman who lost one of her legs after she was run over by a school bus. The accident occurred in January 2007 at the high school she attended. That award was announced earlier this month.
The request was expected because of a Pennsylvania state law that caps legal liability for local governments throughout the state at $500,000 in civil cases. Under the law the Pennsbury School District is considered a local government body.
While the request for a reduction was not a surprise, paperwork filed by the plaintiff was. Among other things, attorneys for the now 21-year-old woman are seeking sanctions against Pennsbury School District based on the claim that the school district withheld insurance information. The plaintiff believes the district hid an insurance policy that could be applied to the jury verdict award. The umbrella policy, with Old Republic Insurance Co., in question, is worth $10 million.
According to the woman's attorney, information regarding the insurance policy should have been revealed in the discovery phase of the trial.
It is still expected that the case will be appealed. The attorney for the woman who was injured has made it clear that he plans to challenge the $500,000 liability cap. The cap was last challenged around 25 years ago. At that time the Supreme Court for the state of Pennsylvania upheld it.
We will continue to monitor the story and provide updates.
Source: phillyBurbs.com, "Pennsbury files paperwork to reduce $14 million verdict," Jo Ciavaglia , Dec. 16, 2011