Thursday, July 21, 2022

Split of Authority on Propriety of Allegations of Recklessness Continues

In the case of Meshinski v. Zim, No. 2022-CV-0434 (C.P. Luz. Co. June 27, 2022 Pierantoni, J.), the court sustained a Defendant’s Preliminary Objections asserted against the Plaintiff’s allegations of recklessness in the Plaintiff’s Complaint in this standard motor vehicle accident case.

The Order was issued without Opinion.

The court struck the allegations of recklessness from the Plaintiff’s Complaint and dismissed the same without prejudice.

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

There remains a split of authority on this issue, not only in Luzerne County, but also across the Commonwealth of Pennsylvania.  

It appears that a strong majority trial courts across Pennsylvania reject the notion that allegations of recklessness can be pled with reckless abandon in any personal injury case whatsoever regardless of the facts presented.  

Those courts in the majority on this issue instead follow the rule of law and the doctrine of stare decisis, as confirmed in numerous Pennsylvania appellate court decisions, that Pennsylvania is a fact-pleading jurisdiction such that sufficient supporting facts must be pled before a claim of recklessness should be allowed to stand. 

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