In
the case of Miller v. Repasch, No.
517-Civil-2019 (C.P. Monroe Co. April 17, 2019 Williamson, J.), the court
issued an Order only denying the Preliminary Objections filed by a Defendant
against claims of recklessness and a claim for punitive damages in a motor
vehicle accident case involving cell phone use. The court noted that the allegations in the
Complaint were sufficient to allow those claims to proceed forward.
Reviewing
the allegations in the Complaint reveal that this matter arose out of a head-on
collision in which the Defendant allegedly failed to operate his vehicle at a
safe and prudent speed, failed to take corrective action to avoid the impact,
failed to have his vehicle under proper and adequate control, failed to keep a
proper lookout, drove his vehicle in careless disregard for the safety of
others, and allowed his attention to diverted or distracted thereby precluding
the Defendant from being in his vehicle to a stop in sufficient time to avoid
the collision.
In
the Plaintiff’s Complaint, it was alternatively pled that the Defendant reported
that he crossed the center line as a result of having “blacked out,” or that, if
the cause of the Defendant crossing the center line was due to knowingly
operating an electronic device or other communication or listening device while
operating a vehicle then such actions were done in conscious disregard of the
risk that such distracted driving posed to the traveling public, including the
Plaintiff.
A
copy of the Complaint is attached to the Order which can be viewed by way of
the below link.
Anyone
wishing to review the Court’s Order issued in this matter (as well as a copy of
the Complaint) may click this LINK.
I
send thanks to Attorney John B. Dunn of Matergia & Dunn in Stroudsburg,
Pennsylvania.
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