On December 30, 2010, Judge Thomas F. Burke, Jr. of the Luzerne County Court of Common Pleas issued an Order, without Opinion, in the Post-Koken case of Johns v. Cooper and GEICO, No. 9153 - Civil - 2010 (Luz. Co. Dec. 30, 2010, Burke, J.) denying the tortfeasor Defendant's Preliminary Objections and Motion to Sever.
As support for his decision, Judge Burke cited to another Luzerne County decision, Borthwick v. Webb and GEICO, 100 Luz. Reg. Reports 135 (2010).
As such, the trend in Luzerne County continues to be to allow the claims against the tortfeasor defendant and the UIM carrier to proceed to trial in a consolidated fashion. See Post-Koken Scorecard: http://www.torttalk.com/2009/12/new-and-improved-updated-list-of-post.html
Yet again, the prevailing attorneys in this case were from the O'Donnell Law Offices in Kingston, Pennsylvania. I thank that firm for forwarding this decision to my attention.
Anyone desiring a copy of the court's Order in this matter may contact me at dancummins@comcast.net.
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