HomeMy WebLinkAbout99-2872 civilSTEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-2872
V. CIVIL ACTION - LAW
PAULA RUBLE, JURY TRIAL DEMANDED
Defendant
IN RE: MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF AND
MOTION FOR SUMMARY JUDGMENT OF DEFENDANT
BEFORE HOFFER, P.J., OLER, GUIDO, JJ.
ORDER OF THE COURT
AND NOW, ,'~....~cz.c~-Z'-z'~..~/ , 2001, upon careful consideration
of both parties Motion's For Summary Judgment, it is hereby ordered that
Plaintiff's motion for Summary Judgment is denied. The motion for
Summary Judgment of Defendant Paula Ruble is denied.
However, there is no evidence of any outrageous, willful, or wanton
conduct on the part of the Defendant, thus Defendant's motion to dismiss
the punitive damage claim is granted as punitive damages are not to be
awarded for conduct that merely constitutes ordinary negligence such as
inadvertence, mistake, and errors of judgment. See McDaniel v. Merck,
Sharp and Dohme, 533A.2d 436, 367 Pa. Super. 600 (1987).
By the Court,
James G. Nealon, III, Esq.
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
David W. Knauer, Esq.
411-A East Main Street
Mechanicsburg, PA 17055
Attorney for Plaintiff