Tuesday, July 19, 2022

Split of Authority Continues in Luzerne County On Proper Pleading of Recklessness in Personal Injury Actions

In the case of Markiewicz v. Avanti of Drums, Inc., No. 2022-CV-03926 (C.P. Luz. Co. July 12, 2022 Gelb, J.), by Order only, Judge Lesa Gelb of the Luzerne County Court of Common Pleas denied Preliminary Objections filed by Defendants against allegations of recklessness contained in the Plaintiff's Complaint in a premises liability case.   

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

Presently there is a split of authority within the Luzerne County Court of Common Pleas on this issue with some Judges ruling that allegations of recklessness must be supported by allegations of sufficient facts in the Complaint, and other Judges holding that claims of recklessness can be pled with reckless abandon regardless of the facts pled.

Click this LINK to view other Tort Talk posts on decisions in this regard from around the Commonwealth of Pennsylvania.

Here is a LINK to my article on the issue that was published in the PBA Quarterly earlier this year in January of 2022.

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