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Posts tagged "torts"

District Court for the Western District of Pennsylvania Allows Punitive Damages Claim for Alleged Cell Phone Use in Trucking Accident

Western Federal District Court Judge Mark R. Hornak recently granted a Plaintiff's Motion for Leave to File an Amended Complaint to add punitive damages in Scott v. Burke, et. al., 2013 U.S. Dist. LEXIS 123432 (W.D. Pa. Aug. 29, 2013 Hornak, J.) The facts of the case involve a traffic accident in Fayette County where Plaintiff-decedent's car became disabled on a two-lane roadway. Plaintiff-decedent exited the car and was located near the trunk of her vehicle. Defendant Thomas Burke was operating a tractor with two attached trailers for his employer United Parcel Services, Inc. ("UPS"), who admit that Burke was acting within the scope and course of his employment. The tractor trailer driven by Defendant collided with Plaintiff-decedent and her vehicle, killing her and severely injuring one of her children. The surviving spouse brought this action on behalf of Plaintiff-decedent.