Tuesday, May 26, 2015

Preliminary Objections Against Allegations of Recklessness in Negligence Auto Accident Suit Sustained

In the recent decision in the case of Roma v. Finney, PICS Case No. 15-0641 (C.P. Northampton Co. Feb. 23, 2015 Beltrami, J.), the trial court sustained a Defendant’s Preliminary Objections in an automobile accident matter and ordered that the words “reckless,” “recklessness,” and “recklessly” be stricken from the Complaint. 

The court noted that this matter involved a negligence cause of action arising out of a rear-end motor vehicle accident.  In her Complaint, the Plaintiff alleged negligence and/or recklessness on the part of the Defendant caused the accident and injuries.   Notably, the Plaintiff did not request punitive damages in the Complaint.  

The Defendant filed Preliminary Objections in the nature of a Motion to Strike impertinent matter pursuant to Pa. R.C.P. 1028(a)(2).  

As there were no facts plead in the Complaint to support the objected to language, and given that no claim for punitive damages was pled, the court granted the Preliminary Objections as allegations of recklessness were deemed to be immaterial to proving a negligence cause of action.  

Anyone desiring a copy of this Opinion may click this LINK.

Source:  "Case Digests," Pennsylvania Law Weekly (April 28, 2015).

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