Allegations of Recklessness Allowed to Stand in a Complaint

In the case of Lupin v. Evans Delivery Co., Inc., No. 3159-CV-2024 (C.P. Monroe Co. Jan. 21, 2025 C. Daniel Higgins, Jr., J.), the court overruled a Defendant’s Preliminary Objections against allegations of recklessness in a civil litigation matter.

The court reviewed the current status of the law and noted that, under Pa. R.C.P. 1019(b), allegations regarding malice, intent, knowledge, and other conditions of the mind may be generally alleged.

This court also noted that the Superior Court has concluded that allegations of wanton conduct is a condition of the mind that may be alleged generally. This court also noted that the Superior Court had held that, because allegations of recklessness are synonymous with allegations of wanton and willful misconduct, allegations of recklessness may also be alleged generally.

As such, the court overruled the Defendant’s Preliminary Objections.

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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (March 20, 2025).