Wednesday, August 4, 2010

Another Decision in Favor of Consolidation Out of Luzerne County

On July 29, 2010, Judge Tina Polachek-Gartley issued a single Order in the companion cases of Mitkowski v. Nationwide, No. 582-Civil-2010 (Luz. Co. July 29, 2010, Gartley, J.) and Mitkowski v. Stefanec, No. 17284 - Civil - 2008 (Luz. Co. July 29, 2010, Gartley, J.) that served to consolidate the Plaintiff's UIM claim with the Plaintiff's claim against the tortfeasor.

The Motion to Consolidate was filed by the UIM carrier, Nationwide Insurance. In the Order, Judge Gartley noted that the two causes of action arose out of the same occurrence, i.e. the motor vehicle accident, and that each case had factual questions relevant to the other case.

This raises the number to four (4) in terms of Luzerne County decisions in favor of the consolidation of Post-Koken claims. There are no Luzerne County decisions in favor of the severance of these types of claims.

Anyone desiring a copy of this Order may contact me at

I thank Attorney Shawna R. Laughlin of the Moosic, PA law firm of Thomas J. Kelley & Associates and Attorney Neil O'Donnell of the O'Donnell Law Offices in Kingston, PA for bringing this case to my attention

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