When initial pleadings are sufficient, motions seeking dismissal of punitive damages at onset of litigation should be denied.

A commercial truck driver, his employer, and a rest stop were sued when the alleged failure to properly secure the rear wheels of a tractor-trailer during servicing resulted in the wheels detaching and striking the plaintiff’s vehicle, causing catastrophic injuries. While the court relied upon settled Pennsylvania law requiring outrageous conduct to award punitive damages, the court nonetheless focused on the disfavor for early motions to dismiss and accepted that the allegations of recklessness and disregard of state and federal highway and traffic regulations were sufficient to allow the punitive damages claim to survive the early motion practice and proceed to discovery. The court was careful to note that, if discovery does not reveal evidence of recklessness, the application could be freely renewed on summary judgment.

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