Thursday, November 7, 2013

Number of Additional Philadelphia County Post-Koken Decisions Favoring Severance of Claims Uncovered

After presenting at the Rules and Procedures Committee of the Philadelphia Bar Association on Wednesday, November 6, 2013, during which I discussed the Post-Koken Scorecard on Tort Talk, Iwas advised of a number of other recent Philadelphia County Post-Koken decisions all issued by Judge Marlene F. Lachman.  Anyone wishing copies of the below Opinions/Orders may contact me at dancummins@comcast.net.  I will update the Scorecard with this listing:
 
GRANTING PO's TO SEVER TORT & CONTRACT CLAIM

Nelson Rios v Andy Parker,  Phila. Ct. Com. Pl., November Term, 2011, No. 01208, Control No. 11123460 (March 1, 2012, Lachman, J.) (negligence claim against other driver and UIM claim against own insurer; PO filed by the other driver granted to sever tort and contract claims).

Tuan Ahn Ly v. Shawn Murray, Phila. Ct. Com. Pl., June Term, 2013, No. 02575, Control No. 13071025 (August 6, 2013, Lachman, J.) (granting insurance company’s preliminary objection and severing UM and UIM claims from tort claims plaintiffs had against the other driver; order adopts all of the other opinions as the opinion in this motion).
 

GRANTING MOTION TO SEVER TORT & CONTRACT CLAIM

 
Jamal Giddings v. Traci Poe,  Phila. Ct. Com. Pl., October Term 2011, No. 02393, Control No. 12013528 (April 30, 2012, Lachman, J.) (negligence claim against other driver and UM claim against own insurer; Motion filed by UM carrier is granted to sever tort and contract claim).

Kevin Nguyen v Anvel Dorvil,  Phila. Ct. Com. Pl., October Term, 2011, No. 03880, Control No. 12020163 (May 10, 2012, Lachman, J.) (negligence claim against other driver and UIM claim against own insurer; Motion filed by UIM carrier is granted to sever tort and contract claim).
 

DENYING MOTION TO CONSOLIDATE TORT AND CONTRACT CASES

Vanya Burke v. State Farm Insurance Co., Phila. Ct. Com. Pl., August Term, 2011, No. 01875, Control No. 12090842 (November 13, 2012, Lachman, J.) (denying insurance company’s motion to consolidate a case seeking only UM benefits with a case brought by another plaintiff against the plaintiff in the first action, seeking only tort damages).
 

DENYING MOTION TO AMEND TORT COMPLAINT TO ADD INSURANCE COMPANY AND ASSERT UM/UIM CLAIMS

William Silver v. Kevin Word, Phila. Ct. Com. Pl. April Term, 2013, No.  00276 Control No. 13081410 (September 23, 2013, Lachman, J.) (denying plaintiffs’ motion to amend the complaint in an action against the other driver to add plaintiffs’ insurance company as a defendant and assert uninsured and underinsured motorist claims against the insurer).


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