In the case of Platukis v. Pocono Segway Tours, LLC, PICS Case No. 13-0967 (C.P. Monroe Co.
This matter arises out of an incident that occurred when the Plaintiff was taking part in a Segway tour provided by the Defendant. While driving her Segway, the Plaintiff was involved in a collision with another Segway. The person on the other Segway was using his cell phone and allegedly operating the Segway at an excessive rate of speed. The Plaintiff filed suit against the Defendants and alleged punitive damages against the Segway operator and the tour operator.
The Defendants filed Preliminary Objections seeking to strike the punitive damages Complaint.
The trial court noted that, since the Plaintiff did not allege that the other Segway driver had any “evil motive,” the Plaintiff were required to allege that the Co-Defendants Segway driver’s actions were outrageous and that such outrageous behavior was due to his reckless behavior. Reviewing the Complaint in a light most favorable to the Plaintiff, the court found that the Plaintiff did not allege facts sufficient to support the punitive damages claim.
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