Duquesne Law Review


On July 19, 1975, the Pennsylvania No-fault Act became effective and radically altered the traditional tort scheme applicable to victims of motor vehicle accidents. The author explores the most controversial aspect of the Act, the partial abolition of tort liability. Attention is focused on two contested grounds for recovery: recovery of punitive damages by a victim of a drunken driver and recovery of work loss benefits by the estate of a deceased victim. The author discusses the inconsistent judicial constructions of the abolition section and concludes that a victim injured by a drunken driver is not entitled to punitive damages and that a decedent's estate should not be entitled to work loss benefits.

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