Thursday, November 7, 2024

Trial Court Bucks Trend and Strikes Allegations of Recklessness and Punitive Damages



In the case of Almonte v. Roaring Creek Egg Farms, LLC, No. 2019-CV-03731 (C.P. Luz. Co. Oct. 16, 2024 Pierantoni, J.), the court sustained various Defendants’ Preliminary Objections to a Plaintiff’s Second Amended Complaint against allegations of recklessness and claims for punitive damages.

This matter involved a personal injury claim arising out of a fall down event.

The court ruled that all allegations of recklessness and claims for punitive damages in the Second Amended Complaint were stricken without prejudice.  The Plaintiff was permitted to file an Amended Complaint.

No details were provided in the Order as to the rationale of the court in granting these Preliminary Objections.


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

I send thanks to Attorney Ryan McBride of the Scranton, PA office of the Weber Gallagher law firm for bringing this case to my attention.


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