Punitive Damages Claim Allowed to Proceed Where Tractor Trailer Driver Allegedly Fell Asleep At Wheel

In his recent decision in the case of Delamarter v. Couglar and Cargo Transporters, Inc., No. 3:16-CV-665 (M.D. Pa. July 21, 2016 Munley, J.), Judge James M. Munley of the United States District Court of the Middle District of Pennsylvania granted in part and denied a Defendant’s Motion For Summary Judgment relative to a Plaintiffs’ punitive damages claims in a trucking accident case.  The court also denied the Defendant's Motion to Bifurcate the trial with respect to the punitive damages claims.  

According to the Opinion, the Plaintiff alleged that the Defendants negligently operated a tractor trailer during which the Defendant driver allegedly fell asleep at the wheel and, therefore, failed to slow down or stop in anticipation of the traffic ahead.   The rear end accident occurred on interstate highway. 

The court noted that, at the time of the accident, there was ongoing construction on the interstate highway that reduced the highway to a single lane.   The Plaintiff had stopped in the construction zone due to an earlier, unrelated accident.  The Defendant tractor trailer driver allegedly fell asleep at the wheel and struck the rear of the Plaintiff’s vehicle during the course of the accident.  

The Plaintiff alleged that the tractor trailer driver acted recklessly by driving while fatigued and while falling asleep, which allegedly amounted to outrageous conduct on the part of the tractor trailer driver.   The Plaintiff further asserted that the tractor trailer driver’s reckless conduct violated various federal and state statutes.   

In reviewing the record, the court pointed to facts brought to light during discovery that raised issues of fact as to whether the Defendant acted recklessly.  In particular, the court noted that there were facts discovered that could support the Plaintiff's argument that the Defendant tractor trailer driver was fatigued, had possibly fallen asleep at the wheel immediately before the accident, and that the tractor trailer driver appreciated the risk posed to others on the highway by his driving in a fatigued state. 

Accordingly, the court found that such issues of material fact were sufficient to allow the claims for punitive damages to proceed against the tractor trailer driver.  

Judge Munley also ruled that the Defendant tractor trailer driver's employer could be held vicariously liable for punitive damages if the tractor trailer driver was hit with such damages by the jury.

However, the court granted the Defendant's Motion for Summary Judgment with regards to the Plaintiff's direct claim against the tractor trailer driver's employer for punitive damages.  The court ruled that there was no evidence presented to establish that the employer knew, or should have known, that its tractor trailer driver would drive in a fatigued state at the time the accident occurred.

Anyone wishing to review this decision by Judge James Munley may click this LINK.

Judge Munley's prior decision on similar issues in the case at the Motion to Dismiss stage can be viewed in this TORT TALK Blog Post, which also contains a Link to that prior decision.

I send thanks to Attorney James J. Conaboy of the Scranton law firm of Abrahamsen, Conaboy and Abrahamsen for bringing this case to my attention.  

Judge James M. Munley of Federal Middle District Court Addresses UIM Statute of Limitations

In the case of Legos v. Travelers Cas. Co. of Conn., 3:16-cv-1917 (M.D. Pa. Dec. 19, 2016 Munley, J.), Judge James M. Munley addressed the issue of the statute of limitations in a UIM case.

According to the Opinion, the third party case Release was signed in March 2012.  The settlement monies were received by the Plaintiff in April 2012. 

The Plaintiff’s UIM suit was filed in April 2016. 

The insurance company argued that the statute of limitation expired because the UIM claim had to be filed within 4 years of the date of the Release. 

The insured asserted that the statute of limitations was met because suit was filed within 4 years of when the settlement monies were received. 

Judge Munley ruled that issues of fact remained about when the insured recognized the third party was an underinsured motorist.  As such, the carrier’s motion to dismiss was denied.

Anyone wishing to review this Opinion may click this LINK.

I send thanks to Attorney Scott Cooper of the Schmidt Kramer law firm in Harrisburg, PA for bringing this case to my attention.

Federal Middle District Court Judge James M. Munley Addresses Admissibility of Insurance Information at Post-Koken Trial

In his recent December 8, 2016 Opinion in the case of Rodkey v. Progressive Direct Ins. Co., No. 3:16-CV-454 (M.D. Pa. Dec. 8, 2016 Munley, J.), Judge James M. Munley addressed the issue of the admissibility of insurance information at a Post-Koken trial.

This matter arose out of an uninsured motorist claim brought by a Plaintiff who was allegedly the victim of a hit-and-run accident.

In pre-trial motions in limine, the defense sought to preclude evidence of the amounts of premiums the Plaintiff had paid for her uninsured motorist benefits insurance as well as evidence of the amount of uninsured motorists benefits available under the policy.  The court denied both motions and ruled that the Plaintiff was allowed to present this evidence at trial.

The court found such evidence to be relevant to the breach of contract claim stated.  Judge Munley also rejected the defense argument that the admission of such evidence would cause confusion and/or be prejudicial. The court felt that any potential confusion or prejudice could be addressed by way of jury instructions and argument of counsel.

The court otherwise ruled on a separate motion that the plaintiff would be allowed to pursue a recovery of her co-pays and deductible related to medical expenses as those expenses were not "paid or payable" as defined by Pennsylvania's Motor Vehicle Financial Responsibility law.

Anyone wishing to review Judge Munley's decision in the Rodkey case may click this LINK.


I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this decision to my attention.


To view another, prior decision by Judge James M. Munley in the case of Noone v. Progressive on the admissibility of insurance information in Post-Koken trial matters, click HERE.

To view an Eastern District Federal Court decision in the case of Lucca v. GEICO going the other way and ruling that such information was not admissible, click HERE.

With this split of authority, the hope remains that this issue, and other important Post-Koken issues will go up the appellate ladder and become the subject of published appellate court opinions to provide guidance to the bench and the bar.

Federal Middle District Court Judge Munley Allows Punitive Damages Claims to Proceed in Trucking Accident Case

In his recent decision in the case of Delamarter v. Couglar and Cargo Transporters, Inc., No. 3:16-cv-665 (M.D. Pa. July 21, 2016 Munley, J.), Judge James M. Munley of the United States District Court of the Middle District of Pennsylvania denied a Defendant’s Motion to Dismiss a Plaintiffs’ punitive damages claims in a trucking accident case after finding that the Plaintiffs had sufficiently pled such a claim to allow the issue to proceed into discovery.  

According to the Opinion, the Plaintiff alleged that the Defendants negligently operated a tractor trailer during which the Defendant driver allegedly fell asleep at the wheel and, therefore, failed to slow down or stop in anticipation of the traffic ahead.   The accident occurred on interstate highway. 

The court noted that, at the time of the accident, there was ongoing construction on the interstate highway that reduced the highway to a single lane.   The Plaintiff had stopped in the construction zone due to an earlier, unrelated accident.  The Defendant tractor trailer driver allegedly fell asleep at the wheel and struck the rear of the Plaintiff’s vehicle during the course of the accident.  

Judge Munley reviewed the standard for a federal court Motion to Dismiss along with the current status of the law pertaining to punitive damages and found, in part, that other courts have ruled that violations of the Federal Motor Carrier Safety Regulations, coupled with allegations of a conscious disregard for the safety and rights of others, is sufficient to properly assert a claim for punitive damages.   

Here, the Plaintiff alleged that the tractor trailer driver acted recklessly by driving while fatigued and while falling asleep, which allegedly amounted to outrageous conduct on the part of the tractor trailer driver.   The Plaintiff further asserted that the tractor trailer driver’s reckless conduct violated various federal and state statutes.   Accordingly, the court found that such allegations were sufficient to allow the claims for punitive damages to proceed against the tractor trailer driver.  

With regards to the tractor trailer company, the Plaintiff pled that the company entrusted a tractor trailer to the tractor trailer driver without ascertaining his ability to operate the vehicle safely despite the obvious risk of highly probable harm that could follow.  The Plaintiff additionally asserted that the tractor trailer company allowed the driver drive the vehicle when the company knew or should have known that the driver was too fatigued to drive, which constituted a violation of federal statutes.  

In his Opinion, Judge Munley denied the Motion to Dismiss but noted that the Defendants could revisit this issue at the Motion for Summary Judgment stage.    

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

I send thanks to Attorney James J. Conaboy of the Scranton law firm of Abrahamsen, Conaboy and Abrahamsen for bringing this case to my attention.