Tuesday, November 3, 2020

Claims of Recklessness Again Rejected in Monroe County Where Facts Only Show Negligence



In the case of Yockey v. Pocono Market Place, LLC, No. 8733-CV-2019 (C.P. Monroe Co. Aug. 3, 2020 Zulick, J.), the court sustained a Defendant’s Preliminary Objections striking portions of the Plaintiff’s Complaint in a slip and fall matter. 
Two of the Defendants in this matter filed Preliminary Objections seeking to strike the allegations of recklessness and gross negligence due to the Plaintiff’s failure to plead sufficient facts in support of these types of claims. 

The court noted that the Complaint stated that the Plaintiff was injured because of a cracked and uneven working surface that resulted in a dangerous condition. However, it was noted that the Plaintiff did not provide any specific facts to support their assertion. The court noted that a description of the walking surface alone was not enough to suggest how the Defendants were allegedly reckless or grossly negligent. 

Judge Arthur L. Zulick
Monroe County



In his decision, Judge Zulick noted that factual allegations which are required to support a claim of negligence were not enough to show gross negligence or recklessness. 

The court did grant the Plaintiff an opportunity to attempt to amend the Complaint to correct the deficiencies in the Complaint. 

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 13, 2020).


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