Allegations of Recklessness And Punitive Damages Allowed to Proceed in MVA Case

In the case of Defreitas v. Arnstorf, No. 2023-CV-2022 (C.P. Lacka. Co. July 1, 2024 Gibbons, J.), the court denied a Defendant’s Preliminary Objections in the form of a demurrer asserted against the Plaintiff’s claim for punitive damages in a motor vehicle accident case.   

In its Opinion, the court reviewed Pennsylvania law regarding allegations of recklessness and claims for punitive damages viewed the claims together in deciding to overrule the Preliminary Objections that, according to the Opinion, were filed against the punitive damages claim.   

After reviewing the law, the court noted that the Plaintiff had asserted a valid claim for punitive damages where the Complaint generally alleged that the Defendant driver acted with deliberate and reckless disregard when the Defendant driver, among other things, failed to control her vehicle, failed to apply her brakes a sufficient time prior to the accident to avoid striking the Plaintiff’s vehicle, failed to take proper evasive action, failed to travel at a safe speed, and failed to stop at a red light.  The court noted that the Complaint additionally alleged that the Defendant driver acted recklessly when she drove a vehicle knowing that her driver’s license had been previously suspended due to a DUI. 

The court additionally overruled the Preliminary Objections by the Defendant owner to the claim of punitive damages after finding that the Complaint pled that the Defendant owner acted with the same deliberate and reckless disregard when she permitted the Defendant to use her vehicle despite knowing, or having reason to know, that the Defendant driver’s license had been suspended due to a DUI.   

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