Superior Court Allows Plaintiff to Withdraw PRCP 1311.1 Stipulation, Limiting Recoverable Damages to $25,000, Removing Limitation on Jury’s Consideration of Plaintiff’s Damages

In a case of first impression, the Pennsylvania Superior Court recently ruled, on May 1, 2009, in Dolan v. Fissell, No. 239 EDA 2008, that the Plaintiff, who was seeking personal injury damages from a motor vehicle accident, was permitted to withdraw her PRCP 1311.1 Stipulation, allowing a Plaintiff to admit medical records and reports into evidence at trial without the necessity of presenting expert medical witness testimony to offer foundation opinion concerning causation, in exchange for the Plaintiff’s recoverable damages being limited to a maximum award of $25,000.