Punitive Damages & Drivers Using Cell Phones in PA

Posted on: August 2nd, 2014       Attorney Thomas Newell

A July 25, 2014 article from the Legal Intelligencer discussed the varied rulings Pennsylvania Judges have issued regarding punitive damages and PA motor vehicle accidents.  On June 6, 2014, a Lehigh County Court of Common Pleas Judge granted the Preliminary Objections of the defendant driver.

cell phone

The Lehigh Valley car crash victim alleged that the negligent driver acted in a reckless manner by talking on her cell phone at the time of the auto accident.  Judge Reichley struck the claim for punitive damages from the plaintiff’s Complaint as it did not aver any other facts proving reckless conduct.

In contrast, Preliminary Objections filed by a Luzerne County driver were overruled by Judge Burke on May 27, 2014. In this case, the plaintiffs alleged that the defendant driver was trying to answer 2 cell phones at once.  The Luzerne County car crash victim’s punitive damage case against the reckless driver will proceed to trial.

Injured in a PA car accident?  Call Attorney Thomas J. Newell today at 1-800-980-4842.  Put his 33 years of experience to work for you.  Visit his website  – www.NewellLaw.com.