The facts alleged by plaintiff here clearly allege that defendant was careless, even reckless.

However, recklessness is insufficient to support a punitive damages claim, the judge ruled.

We anticipate we will be able to allege further detail.

LAS VEGAS, NEVADA - MARCH 12: Guitarist Josh Klinghoffer performs with Jane’s Addiction at The Chelsea at The Cosmopolitan of Las Vegas on March 12, 2023 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)

Guitarist Josh Klinghoffer performs with Jane’s Addiction at The Chelsea at The Cosmopolitan of Las Vegas on March 12, 2023 in Las Vegas, Nevada.Ethan Miller/Getty Images

Klinghoffer, 45, did not attend the hearing on Friday.

The criminal charge was filed quietly in August, a month after Ashley Sanchez filed the lawsuit.

Sanchez, 47, was pronounced dead at a hospital later that day from blunt force trauma.

A lawyer representing Sanchezs family said he disagreed.

All I can see is what I see on the video.

If he says hes not on his phone, fine.

Theres no other word for it besides negligence.

We allege that its gross negligence.

Ashley Sanchez spoke to reporters after the arraignment to say shes heartbroken over the loss of her father.

This was a tragic accident, Klinghoffers camp toldRolling Stonein July.

He is fully cooperating with the traffic investigation.