442 Pa. Super. 30 - Murray v. McCann’s Empirical Analysis

Citation profile

49 state decisions

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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining the correct definition for the term at issue, the trial court properly turned to guidance from Michigan’s body of case law. The court cited to the leading Michigan case, DiFranco v. Pickard, 427 Mich. 32 , 398 N.W.2d 896, 914-15 (1986), and concluded that “the factors” which should be utilized in determining whether a bodily impairment is serious are “the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, [and] the treatment required to correct the impairment.” In addition, any other relevant factor may be utilized under the DiFranco decision. The trial court also examined the evidence and analyzed how appellant’s injuries interfered with her life. In addition, the trial court reviewed the extent of appellant’s impairment, noting that she performs all normal daily activities. It further determined that no particular body function was impaired due to the fact that appellant did do all her normal activities but did so with minor aches and pains. Moreover, the trial court considered the amount of medical treatment sought by appellant and observed the following. When Dr. Chidester, the last physician to treat appellant, examined appellant, she had full range of motion of the neck and no low back pain. The trial court noted that appellant participates in everyday activities, albeit with stiffness, and that appellant herself testified that she is able to touch her toes and has full range of motion in her neck. I”

   2 later decisions quote this exact passage
   e.g. 445 Pa. Super. 479 - Dodson v. Elvey · 452 Pa. Super. 378 - Chanthavong v. Tran

2. “Each person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss....”

   1 later decision quote this exact passage
   e.g. Hames v. Philadelphia Housing Authority