Thursday, April 30, 2015

Split of Authority Develops in Dauphin County on Post-Koken Severance vs. Consolidation Issue

A recent Post-Koken severance Order was handed down in Dauphin County in the case of Phaler v. Ray and Westfield Ins. Co., No. 2014 CV 7332 (C.P. Dauph. Co. April 3, 2015 Bratton, J.).

The court granted a third party tortfeasor's Preliminary Objections seeking the severance of the negligence claims asserted against him from the breach of contract claims asserted against the UIM carrier.

This decision was by Order only. 

Notably, this decision goes against the trend of several prior Dauphin County decisions that went the other way, i.e., in favor of the consolidation of such claims through discovery.  No rationale for this change of position is noted in the Phaler Order.

Anyone desiring a copy of this Order may contact me at dancummins@comcast.net.

I send thanks to the prevailing defense attorney, W. Darren Powell, Esq. from the Lemoyne, PA law firm of Johnson, Duffie, Stewart & Weidner for bringing this case to my attention.

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