Nichols’ complaint stated that she was aboard the bus when the bridge fell out from underneath it and feared further dangers, such as a potential explosion from a broken gas main. She had to be rescued from the bus with a ladder and reported suffering back, neck, and leg injuries, along with psychological distress.
Bridge Collapse $5K Damages : Legal Arguments
PRT’s objections noted that eight of the nine claims in Nichols’ complaint were for negligence against other parties, while the sole claim against the transit agency was for breach of contract. Nichols claimed she was covered by PRT as a passenger at the time of the collapse, entitling her to medical expenses, lost wages, and underinsured motorist benefits.
However, PRT argued that under state law, it is not required to provide lost-income or underinsured motorist benefits to a bus passenger like Nichols. The agency asserted its obligations are limited to the $5,000 in medical benefits.
“As a self-insured, the required benefits that Port Authority must provide to an injured bus passenger are set by Pennsylvania statute,” the agency’s brief of support said.
Current Status
PRT acknowledged its statutory obligation to provide first-party medical benefits up to $5,000. “Port Authority acknowledges its statutory obligation to provide first party medical benefits in the amount of $5,000, to the extent it has not already done so, upon the presentation of unpaid medical bills,” the objections said. “Defendant requests that plaintiff’s claims seeking to recover wage/income loss benefits and underinsured motorist benefits be stricken from her complaint.”
