Allegations of Recklessness Upheld in a Case Where Negligence Was Alleged

In the case of Janes v. Charles, No. 2024-CV-409 (C.P. Lacka. Co. Jan. 28, 2025 Nealon, J.), the court overruled Preliminary Objections filed by a Defendant in the nature of a demurrer seeking to strike the allegations of gross, reckless, indifferent, wanton, willful, and outrageous conduct contained in a Complaint filed by the Plaintiffs relative to a motor vehicle accident.

Following the trend in Lackawanna County and as supported by the Pennsylvania Superior Court decision in the case of Monroe v. CB H20 LP, 286 A.3d 785 (Pa. Super. 2022) (en banc), the court overruled the demurrer asserted against the claims at issue.

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


I send thanks to Attorney Thomas J. Foley, III of the Foley Law Firm in Scranton, PA for bringing this case to my attention.