Fasula v. Hijazi

NEALON, J.,

— Defendant, Saadeddine Hijazi M.D., has filed preliminary objections seeking to strike certain allegations contained in the complaint which has been filed in this medical negligence action. For the reasons set forth below, the preliminary objections will be granted to the extent that they seek to strike averments of “recklessness” in paragraphs 14,16, 24 and 28, and a separate claim for loss of consortium in Count III of the complaint, but will be denied in all other respects.

I. FACTUAL BACKGROUND

According to the allegations of the complaint, the decedent, Neal Fasula, was…