Allegations of Recklessness Allowed To Proceed in Motor Vehicle Accident Case

In the case of Marcinkevich v. Stevens, No. 24-CV-1826 (C.P. Lacka. Co. July 31, 2025 Gibbons, J.), the court overruled a Defendant’s Preliminary Objections filed against allegations of recklessness and for punitive damages in a standard motor vehicle accident case not involving any outrageous facts.

The court ruled that, because recklessness is a condition of the mind that, under this court’s reading of Pa. R.C.P. 1019(b) can be alleged generally where an underlying claim of negligence is pled, the court allowed these allegations to proceed into the discovery phase of the case.

The Court also allowed the claims for punitive damages to proceed as well.   

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