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MERLE A. MARRYSHOW v. NATIONWIDE MUTUAL INSURANCE COMPANY (11/05/82)

filed: November 5, 1982.

MERLE A. MARRYSHOW, APPELLEE,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT



No. 2453 Philadelphia, 1981, Appeal from Judgment entered in the Court of Common Pleas, Civil Action, Law, of Monroe County at No. 456 January Term, 1979.

COUNSEL

Edward H. Hoffner, Stroudsburg, for appellant.

Ronald J. Mishkin, Stroudsburg, for appellee.

Cavanaugh, McEwen and Hoffman, JJ.

Author: Cavanaugh

[ 306 Pa. Super. Page 234]

The issue on appeal is whether Merle A. Marryshow, a full time college student at the time of her injury, is entitled to work loss benefits under Section 205(c) of the No-Fault Act, and if so, whether she is also entitled to interest on overdue payments of work loss benefits under Section 106 of the

[ 306 Pa. Super. Page 235]

    same Act. We agree with the lower court which held that the claimant was entitled to work loss benefits and awarded interest.

Merle A. Marryshow received serious personal injuries on September 9, 1978, when, as a pedestrian she was struck by a motor vehicle as she was crossing Route 611 in Swiftwater, Pennsylvania. At the time Merle was a full-time first year student at East Stroudsburg State College. She had just begun college after graduating from high school the previous spring. She had no history of gainful employment. Appellant, Nationwide Insurance Company, has paid costs of medical treatment to a appellant pursuant to a no-fault insurance policy issued to appellee's mother, Merle P. Marryshow, but has resisted payment of any work loss benefits on the basis that appellee was, and intended to continue being, a full-time college student and therefore suffered no loss of income. Suit was filed and after the case was at issue Marryshow filed a motion for summary judgment solely on the issue of entitlement to work loss benefits under the policy and applicable provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act. Judge Williams, on December 31, 1979, entered an Order to the effect that the appellant was generally responsible to appellee for work loss under the No-Fault Act, and that the obligation of the appellant to pay specific sums to appellee for work loss would be conditioned upon submission of reasonable proof of the fact and the amount of loss sustained for each monthly accrual period.

Thereafter, the case was listed for trial and the jury, by a verdict, dated October 21, 1980, awarded appellee work loss benefits for fifty-six (56) weeks at a weekly rate of One Hundred Twenty and 00/100 ($120.00) Dollars, for a total of Six Thousand Seven Hundred Twenty and 00/100 ($6,720.00) Dollars.

Appellant filed a timely post-trial Motion for Judgment N.O.V., and appellee filed a timely Motion to Mold the Verdict by adding interest in accordance with the No-Fault Motor Vehicle Insurance Act and reasonable attorney fees.

[ 306 Pa. Super. Page 236]

The trial court denied appellant's motion for judgment non obstante verdicto, denied appellee's claim for attorney's fees and ...


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