Monday, August 26, 2019

Clark v. Beers Court Reverses Itself and Allows Claim of Reckless Conduct to Proceed

A Tort Talk Blog post from last week reviewed the case of Clark v. Beers, No. 2019-GN-1484 (C.P. Blair Co. Aug. 13, 2019 Bernard, P.J.), in which the court granted a Defendant’s Preliminary Objections seeking the dismissal of allegations of recklessness in a motor vehicle versus pedestrian litigation but allowed the Plaintiff leave to amend the Complaint to add additional facts.  Anyone wishing to review a copy of this decision may click this LINK.

As an UPDATE it is noted that the trial court reversed itself when it was presented with a Motion for Reconsideration by the Plaintiff.  As such, the court found that the allegations in the Plaintiff's Complaint could support a claim of recklessness and the claim was therefore allowed to proceed into discovery.  Click HERE to review the Court's Order granting the Plaintiff's Motion for Reconsideration.

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