A negligence and crashworthiness suit against Honda will be allowed to proceed to discovery after a federal judge declined to dismiss a family’s negligence suit brought against the carmaker after they were involved in an accident.

Honda and Honda Development & Manufacturing of America (HDMA) moved to dismiss all allegations of recklessness from the plaintiffs’ complaint, as well as punitive damages, which U.S. District Judge Kim R. Gibson of the Western District of Pennsylvania denied in an April 1 opinion, concluding the motion failed at the current stage of litigation.