Months after a Pennsylvania state court ruled that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case, a federal magistrate judge has tossed an injured man’s plea for punitives in an accident where he alleged the striking driver “looked at” his cellphone.
U.S. Magistrate Judge Lynne A. Sitarski of the Eastern District of Pennsylvania concluded that simply looking at or using a cellphone could not support a claim of “reckless indifference” or an “evil motive.”
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