Naked allegations of recklessness are sufficient to withstand preliminary objections.

The plaintiff in this matter was riding a zip line at a ski lodge when her legs forcefully struck the landing area. Her complaint alleged recklessness by the defendant, though no specific facts underpinning the reckless conduct were identified. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Simply pleading design and manufacturing defects is not enough to overcome a Rule 12 motion to dismiss.

The plaintiff, a subrogee of a school district, filed a lawsuit sounding in strict liability, negligence, and promissory estoppel against the manufacturer of a dust collection venting system where a fire allegedly originated in one of the district Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.

A driver brought an action against the City and the City’s Transportation Department, seeking damages for personal injuries sustained in an accident on an exit ramp, which was allegedly a result of the City’s and the Transportation Department’s ne Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.