Common pleading tactic under fire

By Peter Vieth
Published: April 20, 2011

Tags: Civil Procedure, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Negligence

A plaintiff’s lawyer handling a car-wreck case sometimes will plead reckless conduct by the defendant to fend off a contributory negligence defense or to sow the seeds for a possible punitive damages claim. This common pleading tactic may be in jeopardy following a new ruling from Fairfax Circuit Court. Circuit Judge Jonathan C. Thacher this month ...

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