Friday, September 4, 2020

Allegations of Recklessness and Punitive Damages Claims Allowed to Proceed in a Cell Phone Use Case

In the case of Delena v. Tigar, No. C-48-CV-2019-8810 (C.P. Northampt. Co. July 20, 2020 Beltrami, J.), the Court allowed claims of recklessness and punitive damages to proceed beyond Preliminary Objections where the Plaintiff alleged that the Defendant was using an electronic device at the time of the accident and was "willfully not looking where he was driving."

The Plaintiff had also alleged that the Defendant driver was travelling at excessive speeds and in the wrong lane of travel in a parking lot with pedestrians around and failed to slow or stop when approaching a left turn.

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Jeremy D. Puglia of the Doylestown, PA firm of Drake, Hileman & Davis for bringing this case to my attention.

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