Home / Opinion Digests / No ‘Reckless’ Pleading for ‘Ordinary’ Accidents (access required)

No ‘Reckless’ Pleading for ‘Ordinary’ Accidents (access required)

A Fairfax Circuit Court dismisses claims in two unrelated automobile accident personal injury suits that allege “recklessness” without the necessary foundation. The court recognizes that alleging reckless conduct is sufficient to state a tort claim in Virginia. However, in Virginia, this tort has been recognized most commonly as “willful and wanton conduct.” The term “recklessness” is ...

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