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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