No punitive damages for talking on a cellular telephone while driving.

The plaintiff alleged in the amended complaint that the defendant's vehicle had crossed into her lane and hit her vehicle because he was talking on his cellular telephone while driving. A Northampton County trial judge recently found that talking on a cellular telephone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case. The court explained that the "Pennsylvania Supreme Court has held that punitive damages are an 'extreme remedy,' available in only the most exceptional matters." The court found that, after "accepting all of the averments in the amended complaint as true, the defendant simply lost control of his vehicle while speaking on his cellular phone, causing a motor vehicle accident in which Mrs. Xander sustained damages in excess of $50,000." "While such allegations indubitably establish a prima facie claim for negligence, they fall short of establishing the defendant's evil motive or reckless indifference to her rights."

Case Law Alert - 2nd Qtr 2012