In the case of C.M. v. American Honda Motor Co., No. 3:23-CV-00119 (W.D. Pa. April 1, 2024 Gibson, J.), the court denied a Defendant’s Motion to Dismiss in a products liability case arising out of a motor vehicle accident.
In so ruling, the court held that allegations of recklessness go to the degree of negligence and do not state claims separate from claims of ordinary negligence under Pennsylvania law. As such, the court found that these types of recklessness claims are not separate claims that can be separately dismissed under Federal Rule of Civil Procedure 12 where the Plaintiff has pled a valid negligence claim.
The court also separately held that, because the issue of whether punitive damages are appropriate involves factual determinations that are best made with the benefit of completed discovery, the request for a dismissal of punitive damages claims on a Rule 12 Motion to Dismiss is premature.
In any event, the court also found that the Complaint at issue contained sufficient allegations of fact to support the claims of recklessness.
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I thank Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.