What Happened

SEPTA admitted liability for the crash. Rather than go to trial, which was delayed by the COVID-19 pandemic, the parties agreed to a stipulated verdict in October 2021. It broke down as $500,000 for past economic losses, $500,000 for future economic losses, and $6 million for non-economic damages such as pain and suffering. The defendants were SEPTA and the Commonwealth of Pennsylvania.

Where the $7 Million Went

Section 8528(b) of Pennsylvania's Sovereign Immunity Act limits damages in covered claims to $250,000, so the $7 million verdict was cut to that figure. From there:

Expert reports, medical records, and court costs took $76,205. The attorney's contingency fee, roughly a third of the capped amount, took another $83,333. That left $90,462.

Then the insurers arrived. The plaintiff's health insurer held a first-priority lien of $520,668 for benefits it had already paid, and her disability insurer reserved reimbursement rights for another $39,350. Aetna and The Hartford were the subrogation claimants. Together the liens far exceed what remained of the capped award, which leaves her net recovery effectively at zero.

What the Court Decided

The plaintiff argued that the cap makes litigation of catastrophic-injury claims against government entities economically impossible and violates the state constitution. The 4-3 majority disagreed.

On the jury-trial claim, the court held that the constitutional right protects the process, not the payout. The cap limits what a plaintiff collects after a verdict, not whether a jury can hear the case. On the claim that the cap denies a remedy, the court relied on settled precedent that the legislature has complete control over suits against the Commonwealth. If it can eliminate a cause of action entirely, it can cap damages at $250,000.

The dissenting justices argued the cap is facially unconstitutional. The majority said that approach was inappropriate here, noting the plaintiff herself had declined to bring a facial challenge.

The Government's Argument

Government groups that filed briefs warned that removing the cap would force transit authorities to raise fares and cut service, and could make liability insurance unavailable to smaller public entities. The cap is not indexed to anything and hasn't been adjusted since 1978. With a closely split court and a pointed dissent, the question is unlikely to be settled for good.

What This Means If You're Hurt by a Government Vehicle

This case shows three things worth knowing before you ever need them.

• A verdict is not a payout. When a government entity is the defendant, a statutory cap can sit between the jury's number and your bank account. Pennsylvania's is $250,000, and other states have their own limits
• Liens can consume a recovery. Here, a health insurer's reimbursement claim was bigger than the entire capped award. Before pursuing or settling any serious injury claim, ask for a realistic estimate of what you would actually keep after fees, costs, and liens. Depending on your state and the type of health plan, liens can sometimes be negotiated or reduced
• Claims against the government follow special rules. Beyond damages caps, many jurisdictions require formal written notice within a short window, as the Delaware notice-deadline case we covered recently showed. Missing a deadline can end a claim before it starts

None of this means a claim against a public entity isn't worth pursuing. It means the rules differ enough from an ordinary car crash that the strategy should be built around them from the start.

If you've been injured by a bus, a government vehicle, or a public agency's negligence, the independent attorneys we connect you with can help you understand the caps, notice deadlines, and liens that apply to your claim before you decide how to proceed.

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