Daniel E. Cummins of Cummins Law.
A recent trend in Pennsylvania civil litigation matters involves the inclusion of claims of recklessness by plaintiffs in all types of cases and regardless of the facts presented.
The trend has risen to the level such that one of the first things any attentive insurance defense attorney does with every new assignment to defend is to review the complaint to determine whether claims of recklessness are included in the complaint. This increasing trend of plaintiffs including claims of recklessness in personal injury complaints has resulted in more and more preliminary objections being filed. The trial court decisions that have come down on these preliminary objections has led to a split of authority on the propriety of recklessness claims under Pennsylvania law.
