2007 Pa. Super. 245 - Bowmaster Ex Rel. Bowmaster v. Clair’s Empirical Analysis
2007
Citation profile
6 state decisions
Relationships
Relies on In Re Nomination Petition of Wesley · Office of Disciplinary Counsel v. Van Youngman · 426 Pa. Super. 245 - Perlberger v. Perlberger · 385 Pa. Super. 613 - Hathi v. Krewstown Park Apartments · 1999 Pa. Super. 193 - Wiernik v. PHH U.S. Mortgage Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Pennsylvania [common l]aw[,] personal injury to a minor gives rise to two separate and distinct causes of action, one the parents^] claim for medical expenses and loss of the minor’s services during minority, the other the minor’s claim for pain and suffering and for losses after minority.”
5 later decisions quote this exact passage“Except as otherwise provided in this act, notwithstanding any other provision of law, the entire amount of any settlement of the injured beneficiary’s action or claim, with or without suit, is subject to [DPW’s] claim for reimbursement of the benefits provided any lien filed pursuant thereto, but in no event shall [DPW’s] claim exceed one-half of the beneficiary’s recovery after deducting for attorney’s fees, litigation costs, and medical expenses relating to the injury paid for by the beneficiary.”
2 later decisions quote this exact passage“Clearly, parents have an obligation to support their children until the age of majority is reached. As it was the parents’ obligation, medical expenses were paid by DPW to the parents to care for Emily. Accordingly, the true beneficiary of the benefits received prior to Emily’s majority appears to be her parents as it was they who had the support obligation in the first place. Had the parents received a recovery, we would have agreed that DPW would have been entitled to that amount against the settlement made regardless of how the funds were allotted. That is not the situation we are presented with here as parents did not seek recovery. Nothing in the statute allows us to ignore longstanding principles, particularly the principles stated above related to the statute of limitations and what recovery is possible by a minor during his or her period of minority and what recovery could be sought by the minors’ parents. DPW asks us to simply ignore the statute of limitations and the fact that Emily could not recover these medical expenses.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.