Posted on Aug 16, 2013
This week, the Court of Common Pleas of Lackawanna County in Rockwell v. Knott and New Prime, NO. 12 CV 1114 (Lack Co. Aug. 13, 2013) granted the Defendants' Motion For Summary Judgment in a case involving the issue of alleging punitive damages when a person is believed to be looking in downward at the display screen of a GPS application on a cell phone, rather than at the roadway, at the time of a motor vehicle accident. Although in this case the Defendants' motion is granted the trial court explains under what circumstances the Plaintiff would have been able to defeat the motion. For instance, evidence in the record suggesting that the Defendant driver was actually viewing the GPS as he proceeded to turn and caused the accident. In the case, Preliminary Objections most likely would have been denied but at the later stage there was no evidence to create an issue of fact for trial.
If you desire a copy of the opinion and order please e-mail Schmidt Kramer Injury Lawyer Scott Cooper at scooper@Schmidt Kramer.com.
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