Plaintiffs shall be allowed to present evidence on and recover for their economic damages, but plaintiffs must prove a serious injury to recover pain and suffering damages. The issue disputed in this motion is at its core a two-pronged choice of law problem.
Plaintiffs are residents of New York, and defendant is a Pennsylvania corporation.
The accident that is the subject of this case occurred in Pennsylvania, when a car carrying sound equipment through defendant's auction grounds backed into plaintiff James O'Malley. A federal court applies the choice of law rules of the state in which it sits. See Klaxon v. Stentor Elec. A preliminary step of engaging in Pennsylvania's choice of law analysis is that the court must determine whether a true conflict actually exists. Three outcomes are possible.