Amicus Briefs
Freilich v. SEPTA
Pa. No. 10 EAP 2024 (filed June 3, 2024)
June 3, 2024Brief of Amici Curiae the Pennsylvania Association for Justice and the American Association for Justice in Support of Appellant to Reverse the Judgment of the Commonwealth Court
Issues: (1) Does 42 Pa.C.S § 8528(b) ($250k damages cap for personal injury suits against state agencies) violate [Petitioner's] right to a remedy in Article I, Section 11 of the Pennsylvania Constitution under the facts of this case, where [Petitioner's] recovery will be consumed by costs, fees, and insurance reimbursement claims?
(2) Does 42 Pa.C.S § 8528(b) violate [Petitioner's] right to a jury trial in Article I, Section 6 of the Pennsylvania Constitution under the facts of this case, where [Petitioner's] recovery will be consumed by costs, fees, and insurance reimbursement claims?
In addition: If the Court concludes that the limitation of damages set forth in 42 Pa.C.S. § 8528 is unconstitutional, is Section 8528 severable from the limited waiver of sovereign immunity set forth in 42 Pa.C.S. § 8522(a)?
Full Citation: Brief for Amici Curiae Pennsylvania Association for Justice and American Association for Justice in Support of Appellant, Freilich v. Se. Pa. Transp. Auth., No. 10 EAP 2024 (June 3, 2024).
