Wednesday, October 23, 2019

Allegations of Recklessness and Claims for Punitive Damages Allowed to Stand in Trucking Accident Case

In the case of Shelton v. Gure, No. 3:19-CV-0843 (M.D. Pa. Sept. 3, 2019 Caputo, J.), the court denied a Defendants’ Motion to Dismiss in a trucking accident litigation. The Defendants’ Motion to Dismiss centered around the Plaintiff’s allegations of recklessness and the demand for punitive damages.

According to the Opinion, the Plaintiff pled in the Complaint that the accident was caused by the Defendant tractor trailer driver pulling back onto a highway from the berm into a traffic lane at night with no lights on the trailer, which alleged violated the Federal Motor Carrier Safety Regulations.  It was also alleged that the Defendant's tractor trailer was only traveling at about 40 mph in a 70 mph speed limit zone when this manuever was attempted.

The Plaintiff, who was also driving a tractor trailer was involved in an accident with the Defendant's tractor trailer.

The court noted that the factual allegations in the Complaint, in conjunction with allegations of a conscious disregard for the safety and rights of others, adequately stated a claim for recklessness and support of the request for punitive damages.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions” Pennsylvania Law Weekly (Sept. 24, 2019).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.