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ARTICLE · 23 SEPTEMBER 2021

Driving With A UTI May Provide Basis For Punitive Damages

A recent ruling from Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas may have opened the door for a new and unique basis for punitive damages in Pennsylvania.

United StatesLitigation, Mediation & Arbitration

A recent ruling from Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas may have opened the door for a new and unique basis for punitive damages in Pennsylvania. In this specific case, the counsel for plaintiff has alleged that Marie Gulbin, an elderly woman, lost consciousness while driving her vehicle due to an untreated urinary tract infection (UTI). This caused her to cross into the opposing lane of traffic and hit the vehicle of Chrystal Clauss-Walton head on, resulting in severe injuries. The Plaintiff alleged that Gulbin decided to get behind the wheel despite suffering from known symptoms of a UTI, a condition she knew (or should have known), could cause fainting if left untreated.

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