$14 million verdict reduced to $500,000
Judge upholds state limit on awards in case of former Pennsbury High School who lost her left leg in a bus accident.
$14 million verdict reduced to $500,000
The $14 million verdict awarded a former Pennsbury High School student who lost her left leg in a bus accident was reduced Thursday to the state limit of $500,000.
“There is no dispute that the circumstances of this case create an unfair and unjust result” Bucks County Judge Robert J. Mellon said while upholding the liability limit on school districts and municipalities. A “reevaluation of the constitutionality of the statutory cap on damages … is necessary.”
A jury awarded Ashley Zauflik, 22, of Fairless Hills more than $14 million in December, after a four-day trial that detailed her debilitating injury from the 2007 accident. The district conceded responsibility for the accident, in which its out-of-control bus ran over the young woman and about 19 other students.
If the bus had been owned by an outside company, Zauflik probably could have collected the jury’s award, Mellon said in his ruling. And the state cap blocked use of the district’s $11 million insurance policy, he said.
Mellon’s ruling had been expected, but Zauflik’s lawyer called it “a major step forward on the long march” to the state Supreme Court.
“He said it loud and clear – the Pennsylvania Supreme Court needs to revisit the injustice of the current law,” Thomas Kline said.
Mellon also awarded Kline’s firm $5,000 because Pennsbury withheld information about the $11 million policy.
a perfect example of what tort reform does....this is the legislature doing something they shouldn't but do on the behest of their friends in the insurance business: become part of the judicial branch of government. people use the courts to seek relief when they can't get it elsewhere. the courts, using juries, come to a decision. that's the way it should be. See the doc "Hot Coffee" for more info but skip the last section of it since it wasn't well researched.— joegrink- no soap radio burnt toast mustard— zen
Comment removed.- insane jury verdicts warrant statutory caps - one accident could put an otherwise valuable business down. That's even more true of a municipality in today's economy. A 500k cap for torts specifically, however, should probably be revisited for discussion on possibly raising it.— KYS24
- Just like I predicted. She gets $500K and has to split it with her attorney. For this case, I believe their should be a revision of the statutory cap but I wouldn't raise it too high because then you are just asking for the Piranha to attack. Awards can force businesses into bankruptcy. Governments are already struggling to meet their obligations. If the Government fails then the taxpayors pick up the tab. Please learn the distiction between Private and Public entities. I read some really dumb comments.— A. Martinez
- This case is only about protecting municipalities and limiting liability to taxpayers, and has nothing to do with limiting litigation unless you sue the government.— tr88
- Can't believe some of the comments. This young lady deserves more than what judge awarded. Maybe not $14m, but definitely something more substantial. As for the clowns that suggested the parents didn't do due diligence, guess their crystal ball wasn't working the day their daughter got run over. It's a state mandate that liability be limited which is a joke.— gdwilkinson
- Caps on damages like this are outrageous. The Republicans love them, because corporate America loves them. They were sold to the Republican legislature as part of the concerted campaign against litigation. Everyone loves the idea of hating plaintiffs' attorneys--until they are plaintiffs or until they see results like these (presuming that they are capable of empathy).
Tort reform at work!
And why does the District pay for an $11 million policy when the cap is $500K, anyway?— BarbaraM - The PA State law that reduced this jury award was passed by PA State legislature in 1978 (at the time, both houses had a Democratic majority), and signed into law by Milton Shapp (also a Democrat). So, I definitely see your point about this being caused by Republicans. — Bigdawg1513
After this girl's house is reconfigured for a wheelchair and the lawyer gets his cut, this poor girl will just about break even...minus her left leg. The system is broken.— gilligan- $500,000 was probably a reasonable tort limit in 1978. It would seem to me that the limit should be tied to inflation somehow. $500k in purchasing power in 1978 should be something between $1.7 million and $3.2 million according to measuringworth.com - that amount would actually seem fairly reasonable to me.— Local581801
- gilligan, if you think she's breaking even, you don't know much about ADA-based additions on a house or the costs for PT, the surgeries, etc. This is a wonderful example of just how screwed up the legal system is.— Yoda117
- The only time I've seen a cap on an award was when the award should have been higher. What a joke. Damn lawyers.— neddyflanders
- Maybe they will name the gym after her.— jimmymack
