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.
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
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.
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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