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Bryant v. Reddy

Owner of registered but uninsured vehicle was statutorily ineligible to recover lost wages and medical expenses in personal injury action arising from collision with another vehicle.

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�1 This is an appeal by Lavenia Bryant (Appellant) from the judgment entered in favor of Swaroop Reddy, Premkumar Reddy and Kusuma Reddy (Appellees) in a civil action wherein Appellant, an owner of a registered but uninsured vehicle, claimed damages against Appellees for permanent injuries, medical expenses and wage loss as a result of a two vehicle automobile accident. For the reasons that follow, we affirm.

�2 On June 18, 1996, Appellant was the driver of a vehicle involved in an automobile accident with a vehicle driven by Appellee Swaroop Reddy and owned by Premkumar and Kusuma Reddy. As a result of this accident, Appellant, on April 27, 1998, initiated the within action in the Court of Common Pleas of Philadelphia County against Appellees alleging the negligence of Swaroop Reddy in striking her vehicle. The complaint further asserted that Appellant, as a result of the accident, sustained severe and permanent bodily injuries, including an avulsion fracture and midfoot sprain, rotator cuff tendonitis, radiculopathy, cervialgia, cervicobrachial syndrome, thoracic sprain and strain, lumbosacral sprain and strain, post-traumatic stress syndrome, stiffness in the right knee, numbness in the left leg, numbness in the feet, headaches, loss of memory, dizziness, anxiety, general weakening of supportive soft tissue structures and severe prolonged pain in all affected areas of the body. Appellant’s Complaint at� 10. In addition to seeking damages for personal injuries, Appellant further sought compensation for medical expenses and wage loss. Subsequently, Appellees filed preliminary objections to venue and the case was transferred to Delaware County. Thereafter, Appellees filed an answer and new matter to Appellant’s complaint alleging that, at the time of the accident, Appellant was the owner of an uninsured motor vehicle. This allegation is undisputed.

�3 The case proceeded to arbitration on September 21, 1999, and a panel of arbitrators entered a verdict for Appellees. Appellant appealed the arbitration award on October 21, 1999. On December 10, 1999, Appellees filed a motion to preclude Appellant from recovering any medical expenses or lost earnings because she was an uninsured operator of a motor vehicle at the time of the accident. On December 30, 1999, the court granted the motion. The court further denied Appellant’s subsequent motion requesting the court to reconsider its preclusion order.

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