Bucci & Dix

Judge Finds that Plaintiffs Must Plead Facts to Support Claim for Recklessness.

A Fairfax judge ruled that two plaintiffs had failed to state facts that were sufficient in two routine negligent automobile accidents to support a claim for recklessness.  Most automobile accident cases are negligence cases where a person failed to act as a reasonable person would have under the circumstances.  Under these cases, a plaintiff is entitled to compensatory damages, or those designed to make the plaintiff whole.  However, punitive damages, or those meant to punish the plaintiff, are available where a defendant acted recklessly or willfully and wantonly.  However, under this ruling, a plaintiff could not bring a claim for recklessness if he does not plead what actions rose to this level of conduct.  This is significant because a plaintiff may not have all of the facts regarding the defendant's behavior during the accident at the time he files a lawsuit and often learns more about a case during discovery.