Thursday, June 8, 2017

Punitive Damages Claim Allowed to Stand in Northampton County Texting Case




In a recent detailed Order issued by Judge Kimberly J. McFadden of the Northampton County Court of Common Pleas in the case of Figueroa v. Ferraira, No. C-48-CV-2017-833 (C.P. Northampton Co. June 8, 2017 McFadden, J.), the court allowed a claim punitive damages to proceed beyond the Preliminary Objections stage in a case where the Plaintiff alleged that the Defendant rear ended the Plaintiff's vehicle at a red light while the Defendant was traveling at an excessive rate of speed and while texting.

The court noted that the defense retained the right to revisit the issue at the summary judgment stage should it be determined that the Plaintiff had not produced evidence in support of this claim.

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Ed Shaughnessy of the Law Offices of Edward P. Shaughnessy in Easton, PA for bringing this case to my attention.

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