Friday, December 29, 2023

Plaintiff Permitted to Proceed With Allegations of Recklessness At Pleadings Stage in a MVA Case

In the case of Morrisey v. Beamer, No. C-48-CV-2023-00333 (C.P. North. Co. Nov. 28, 2023 Beltrami, J.), the court overruled a Defendant’s Preliminary Objections asserted in a motor vehicle accident case relative to the claims of recklessness.

In so ruling, the court relied upon the Pennsylvania Superior Court decision in the case of Monroe v. CBH2O, LP, 286 A.3d 785 (Pa. Super. 2022), in which that court noted that a claim of recklessness is permitted at the pleadings stage whenever a claim of negligence is asserted given that, under Pa. R.C.P. 1019(b) provides that claims regarding the “conditions of mind may be averred generally.”

The court noted that the Defendant retained the right to move for partial summary judgment on the issue of recklessness at the close of discovery if such allegations were not supported by the facts.

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

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