In Wilson v. Matas, No. 10067 of 2020, C.A. (C.P. Lawrence Co. June 3, 2020, Moto, P.J.), the Court sustained Preliminary Objections to strike claims for punitive damages. After a rear-end motor vehicle accident, Defendant admitted to the police that she was not paying attention. In the Complaint, Plaintiff alleged that Defendant was using a cell phone at the time of the accident. The Court noted that Plaintiff did not aver any factual grounds to support the allegation that Defendant may have been using a cell phone. Accordingly, the claim for punitive damages was dismissed.
Conversely, in Simpson v. Buchanan, No. 20-2583 (E.D. Pa. Aug. 5, 2020, Pappert, J.), a Motion for Partial Judgment on the Pleadings to dismiss the claim for punitive damages was denied. While stopped at a red light, Plaintiff looked in her rearview mirror and observed Defendant approaching. Plaintiff alleged that she saw Defendant looking down. After the impact, Defendant apologized and admitted that she was not paying attention. In the Complaint, Plaintiff also alleged that Defendant was texting on her cell phone at the time of the accident. The Court opined that Plaintiff had alleged sufficient facts, at that stage, to allow the claim for punitive damages to proceed.
Questions regarding these cases can be directed to Sean P. Buggy.
