Chioccola v. Stakely
Allegations that a driver deliberately committed a traffic offense, because he drove very quickly and suddenly, without warning, made a U-turn, can be sufficient to allege recklessness. Allegedly, the plaintiff, Thomas Chioccola, was driving his motorcycle when another motorist, Curtis Stakely, made a U-turn and collided with Chioccola. The plaintiff sued and alleged that the defendant drove very quickly, in an extremely dangerous manner, and was negligent and reckless. The defendant moved to strike the recklessness counts. Recklessness involves an extreme departure from ordinary care, in a situation where a high degree of danger is apparent. The plaintiff's complaint alleged that the defendant drove very quickly and committed a traffic offense when the plaintiff had the right-of-way. Construed in the manner most favorable to the plaintiff, the plaintiff's complaint adequately alleged that the defendant was reckless, and the court denied the motion to strike.