Below is the link to the Pennsylvania Superior Court decision from May 1, 2009 in Dolan v. Fissell which deals with an appeal by the Defendant from an arbitration award in favor of the plaintiff for $28,220.
This is a case arising from a car accident and, after the appeal by the Defendant, the Plaintiff filed a stipulation under Rule 1311.1 to proceed by medical reports and limit the award of the jury trial to $25,000. Prior to trial the Defense exam was favorable to the Plaintiff. The Plaintiff withdrew the 1311.1 filing and also presented the defense expert as a Plaintiff expert at the trial.
The jury awarded $434,757.25. The Defendant appealed and the published decision by Judge Klein (joined by Judges Shogun and McEwen P.J.E.) holds that the trial court in Chester County did not commit error in allowing the Plaintiff
to withdraw the stipulation to proceed on medical reports and limit her recovery to $25,000 nor in allowing the expert initially retained by the Defense to testify for the Plaintiff.
http://www.pacourts.us/OpPosting/Superior/out/a04011_09.pdfThanks to Attorney Scott Cooper for this information.