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No punitive damages for talking on cellphone while driving

A Pennsylvania “trial judge has found that talking on a cellphone while driving is
not egregious enough to warrant punitive damages in a motor vehicle accident case.”
The case involved a defendant who crossed into the plaintiff ’s lane of traffic while talking on a cellphone. The judge found the driver was negligent, however, citing a 2005 supreme court ruling, stated “the allegations in the amended complaint do not rise to the level of egregiousness required for a punitive damages claim.” The judge relied upon previous cases that suggest that punitive damages may be appropriate “when the act is done with reckless indifference, as well as bad motive,” but not “merely because a tort has been committed.” (The Legal Intelligencer – February 7, 2012). If you or your family members have been injured in a Motor Vehicle Accident contact Kevin J. McNamara Law Offices, P.C. at 312-201-8850 today for a free consultation.

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