Court Strikes Intentional Infliction of Emotional Distress Claim But Allows Punitive Damages Claim to Proceed In Premises Liability Case

In the case of Abda v. Keystone Klub Keyser Oak, LLC, No. 2024-CV-7649 (C.P. Lacka. Co. Nov. 20, 2025 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas overruled a Preliminary Objection in the nature of a demurrer filed against the Plaintiff’s claim for punitive damages but sustained Preliminary Objections in the nature of a demurrer filed against the Plaintiff’s claims of intentional infliction of emotional distress in a personal injury case.

According to the Opinion, a customer at a skill-based games venue sued the Defendant entertainment lounge for negligence and sued its owner for assault and battery and intentional infliction of emotional distress after the owner allegedly attacked and injured the customer on the premises.

In support of his claim of intentional infliction of emotional distress, the customer alleged that the owner later used his vehicle to cause damage to the grounds of the customer's residence and shouted profanities at the customer’s minor son in the process.

In response to the Complaint, the owner Defendant filed demurrers, including with respect to the Plaintiff’s demand for punitive damages. The Defendant asserted that the Plaintiff failed to allege specific facts to support a finding of willful or wanton misconduct.

The Defendant also filed a demurrer against the claims of intentional infliction of emotional distress.

In his Opinion, Judge Nealon noted that claims of willful or wanton misconduct may be averred generally under Pa. R.C.P. 1019(b).

The court additionally held that a demand for punitive damages is not governed by the “material facts” pleading requirement found under Pa. R.C.P. 1019(a) because a demand for punitive damages does not constitute a “cause of action.” Instead, a demand for punitive damages is viewed merely as an element of damages that is incidental to an underlying cause of action.

Here, where the customer stated a prima facie claim for assault and battery against the owner and had generally alleged willful and wanton misconduct by the owner, the court found support for overruling the demurrer to the claim for punitive damages.

With respect to the claim for intentional infliction of emotional distress, the court found that the Plaintiff’s Complaint did not describe conduct that was so outrageous in nature and extreme in degree so as to exceed all bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. Accordingly, in the absence of such facts, the court sustained the Defendant’s demurrer to the claim for intentional infliction of emotional distress.

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