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L.S. v. ESCHBACH

874 A.2d 1150 (2005)

L.S., a Minor, by A.S., her Natural Parent and Guardian v. David ESCHBACH, Jr., Inc. and Brenda Lowery. v. Wilmer C. Hosler and Donald M. Shellenberger, Additional Defendants Appeal of L.S., a Minor by A.S., her Natural Parent and Guardian.

Supreme Court of Pennsylvania.

Decided May 25, 2005.

Attorney(s) appearing for the Case

Tamara Ellen Showalter, Richard Cordell Low, Lancaster, for L. and A. S.

Scott B. Cooper, Harrisburg, for Pennsylvania Trial Lawyers Association.

Wade D. Manley, C. Roy Weidner, Lemoyne, Robert E. Kelly, King of Prussia, for David Eschbach, Jr., Inc. and Brenda Lowery.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ.

OPINION

Justice NEWMAN.

We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle drivers and passengers, but also to pedestrians. A majority of the Superior Court determined that Section 1705 expressly precludes a pedestrian,...

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