In the case of Guy v. Eliwa, No. 4:23-CV-00472 (M.D. Pa. Sept. 11, 2023 Brann, C.J.), Chief Judge Matthew W. Brann of the Federal Middle District Court for the Middle District of Pennsylvania reviewed the propriety of claims of recklessness in civil litigation matters in the context of a federal court personal injury suit.
According to the Opinion, this case arose out of a three (3) vehicle accident on Interstate 80 that involved three (3) tractor trailers. Two (2) tractor trailers were involved in an accident on the highway and then struck the Plaintiff’s parked tractor trailer.
One of the Defendant tractor trailer drivers fled the scene of the accident without attempting to stop or render aid. That driver was subsequently charged with accidents involving death or personal injury, disregarding the traffic lane, accident involving property damage, failure to stop and give information and render aid, careless driving, and recklessly endangering another person.
The Plaintiff sued the tractor trailer drivers and their employers. In the Complaint, the Plaintiff asserted various allegations of recklessness.
The Defendants filed various motions against the Complaint.
In contrast to the more stringent state court Rules of Civil Procedure requiring fact-pleading in Pennsylvania, under the Federal Rules of Civil Procedure, notice pleading is all that is required.
Relative to the Plaintiff’s claims for punitive damages, the court in this case noted that the Plaintiff cited to Pennsylvania case law explaining that the procedural rules allow a Plaintiff to pled gross negligence and recklessness generally.
Judge Brann noted that this would mean that a Plaintiff need only allege that a Defendant was “reckless” for punitive damages claims to survive a Motion to Dismiss, so long as the underlying negligence claim also survives.
In reviewing this area of the law, Judge Brann noted that there is a split of authority amongst the Pennsylvania state courts on this point. In noting the split of authority, Judge Brann cited to “Pleading For Clarity: Appellate Guidance Needed to Settle the Issue of the Proper Pleading of Recklessness in Personal Injury Matters” by Daniel E. Cummins, 93 PA Bar Ass’n Q.32 (2022).
Judge Brann noted that “even in Pennsylvania courts which permit recklessness to be averred generally at the Motion to Dismiss stage, the record must ultimately support a finding of recklessness beyond merely claiming recklessness generally. See Op. at 12 citing Monroe v. CBH20, LP, 286 A.3d 785, 780 (Pa. Super. 2022).
In this case, Judge Brann applied Federal Rule of Procedure 9(b). The court noted that Rule 9(b) mirrors Pennsylvania Rules of Civil Procedure 1019(b) by stating that “[m]alice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.”
With respect to the separate issue of allegations in support of a claim for punitive damages, the court noted that a Plaintiff is required to show that the Defendant had a state of mind such that the Defendant had to be an outrageous manner due to other an evil motive or a reckless indifference to the rights of others.
The court stated that, in order to show reckless indifference sufficient to support a claim for punitive damages, the Plaintiff must present evidence to establish that a Defendant had a subjective appreciation of the risk of harm to which the Plaintiff was exposed and that the Defendant acted, or failed to act, in conscious disregard of that risk.
Judge Brann stated that this means that recklessness - - like negligence - - is a legal standard, with components relating to a Defendant’s conduct and a Defendant’s state of mind. The court noted that Rule 9(b) only pertains to the Defendant’s state of mind.
Accordingly, Judge Brann held that a federal court may dismiss a completely bald allegation of “recklessness” as conclusory when a Plaintiff is requesting punitive damages. However, he emphasized that a federal court is not compelled to dismiss such a claim.
Relative to the Plaintiff’s claims for punitive damages, the court in this case noted that the Plaintiff cited to Pennsylvania case law explaining that the procedural rules allow a Plaintiff to pled gross negligence and recklessness generally.
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| Chief Judge Matthew W. Brann M.D. Pa. |
Judge Brann noted that this would mean that a Plaintiff need only allege that a Defendant was “reckless” for punitive damages claims to survive a Motion to Dismiss, so long as the underlying negligence claim also survives.
In reviewing this area of the law, Judge Brann noted that there is a split of authority amongst the Pennsylvania state courts on this point. In noting the split of authority, Judge Brann cited to “Pleading For Clarity: Appellate Guidance Needed to Settle the Issue of the Proper Pleading of Recklessness in Personal Injury Matters” by Daniel E. Cummins, 93 PA Bar Ass’n Q.32 (2022).
Judge Brann noted that “even in Pennsylvania courts which permit recklessness to be averred generally at the Motion to Dismiss stage, the record must ultimately support a finding of recklessness beyond merely claiming recklessness generally. See Op. at 12 citing Monroe v. CBH20, LP, 286 A.3d 785, 780 (Pa. Super. 2022).
In this case, Judge Brann applied Federal Rule of Procedure 9(b). The court noted that Rule 9(b) mirrors Pennsylvania Rules of Civil Procedure 1019(b) by stating that “[m]alice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.”
With respect to the separate issue of allegations in support of a claim for punitive damages, the court noted that a Plaintiff is required to show that the Defendant had a state of mind such that the Defendant had to be an outrageous manner due to other an evil motive or a reckless indifference to the rights of others.
The court stated that, in order to show reckless indifference sufficient to support a claim for punitive damages, the Plaintiff must present evidence to establish that a Defendant had a subjective appreciation of the risk of harm to which the Plaintiff was exposed and that the Defendant acted, or failed to act, in conscious disregard of that risk.
Judge Brann stated that this means that recklessness - - like negligence - - is a legal standard, with components relating to a Defendant’s conduct and a Defendant’s state of mind. The court noted that Rule 9(b) only pertains to the Defendant’s state of mind.
Accordingly, Judge Brann held that a federal court may dismiss a completely bald allegation of “recklessness” as conclusory when a Plaintiff is requesting punitive damages. However, he emphasized that a federal court is not compelled to dismiss such a claim.
Reviewing the law of the Third Circuit, Judge Brann found that the weight of authority in the Third Circuit has prompted most courts in the District, including the federal courts of the Middle District, to employ the trial court’s wide discretion in preserving recklessness claims at the Motion to Dismiss stage and allowing such claims to proceed into discovery.
Judge Brann continued by stating that the courts in the Middle District have more specifically stated that, because the question of whether punitive damages are proper often turns on the Defendants’ state of mind, this question frequently cannot be resolved on the pleadings alone but must await the development of the full factual record at trial. As such, such claims are generally allowed to proceed beyond the pleadings stage.
Turning to the allegations asserted by the Plaintiff in this case, Judge Brann found that the Plaintiff had actually alleged outrageous facts to show evidence of reckless indifference on the part of the Defendant in any event so as to allow the claim to proceed into discovery. More specifically, the court noted that flight from the scene of an automobile accident, without attempting to stop or render aid, certainly demonstrates a degree of reckless indifference possibly justifying the application of punitive damages.
Judge Brann’s decision in this case is otherwise notable for his addressing various issues with regards to trucking accident cases, including the requirement of the Plaintiff to cite to specific statutes and laws and regulations in the Complaint when making claims of violations of the same.
Anyone wishing to review a copy of this decision may click this LINK. The Court's companion Order can be viewed HERE
I send thanks to Attorney Hannah Molitoris of the Philadelphia office of the Morgan & Morgan law firm for bringing this case to my attention.
Judge Brann continued by stating that the courts in the Middle District have more specifically stated that, because the question of whether punitive damages are proper often turns on the Defendants’ state of mind, this question frequently cannot be resolved on the pleadings alone but must await the development of the full factual record at trial. As such, such claims are generally allowed to proceed beyond the pleadings stage.
Turning to the allegations asserted by the Plaintiff in this case, Judge Brann found that the Plaintiff had actually alleged outrageous facts to show evidence of reckless indifference on the part of the Defendant in any event so as to allow the claim to proceed into discovery. More specifically, the court noted that flight from the scene of an automobile accident, without attempting to stop or render aid, certainly demonstrates a degree of reckless indifference possibly justifying the application of punitive damages.
Judge Brann’s decision in this case is otherwise notable for his addressing various issues with regards to trucking accident cases, including the requirement of the Plaintiff to cite to specific statutes and laws and regulations in the Complaint when making claims of violations of the same.
Anyone wishing to review a copy of this decision may click this LINK. The Court's companion Order can be viewed HERE
I send thanks to Attorney Hannah Molitoris of the Philadelphia office of the Morgan & Morgan law firm for bringing this case to my attention.
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