Tuesday, July 2, 2019

Punitive Damages Claim Allowed to Be Added at Time of Trial


The case of Samuda v. Moreland, No. 8058 - CV - 2016  (C.P. Monroe Co. May 7, 2019 Zulick, J.) is an example of a case in which a trial court allowed a Plaintiff to amend a Complaint at the of trial to add a claim for punitive damages.

According to the Briefs filed in the matter, the case arose out of motor vehicle accident between a Martz Bus and the Plaintiff's vehicle.  Part of the claims pursued by the Plaintiff included claims of recklessness on the part of the Martz Bus Company for allowing its driver to continue to drive its buses despite prior issues with his driving.

In support of her position, the Plaintiff asserted that the addition of punitive damages to the ad damnum clause did not amount to an effort to state a new cause of action beyond the statute of limitations, but rather another element of damages to a timely asserted claim against the Defendants.

Anyone wishing to review the Court's Order (no Opinion) may click this LINK.

I send thanks to Attorney Michael J. Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.

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