Court Allows Claims of Recklessness and for Punitive Damages To Proceed Relative to Disobeying Instructions of a Flagger

In the case of Marrazzo v. Klim, No. 2025-CV-471 C.P. (C.P. Susq. Co. May 5, 2026 Legg, P.J.), President Judge Jason J. Legg of the Susquehanna County Court of Common Pleas followed the trend in Pennsylvania of denying a Defendant’s Preliminary Objections filed against allegations of recklessness and punitive damages at the pleadings stage.

Judge Legg noted that, according to Superior Court precedent, recklessness is a condition of the mind that may be averred generally. 

The court otherwise noted that, even though recklessness may be generally alleged, the court found that, in this case, the Plaintiff had included the Complaint specific allegations related to the Defendant’s alleged recklessness, including allegations regarding speeding in a work zone despite the presence of a flagger directing traffic, nearly striking the flagger, falling asleep at the wheel, and relative to the Defendant driver striking the Plaintiffs’ vehicle which had stopped for the flagger and was waiting to enter the work zone until the lane was clear.

The court otherwise noted that an allegation related to falling asleep while driving, standing alone, could be sufficient to support an allegation of recklessness at the pleadings stage.

The court also pointed to the same facts as supporting the Plaintiff’s inclusion of the separate claim for punitive damages in the Complaint.

As such, the Preliminary Objections asserted by the Defendant were overruled.

Anyone wishing to review a copy of this Order which contains a detailed explanation of the Court’s decision in footnotes, may click this LINK.


I send thanks to Attorney Terrence R. Nealon, Jr. of the Scranton law firm of McDonald and MacGregor, LLC for bringing this decision to my attention.