Transcript of Jury Instructions Secured From Dauphin Co. Post-Koken Trial That Ended in Mistrial

In yesterday's Tort Talk, the Post-Koken case of Oaks v. Erie Ins. Exch. and Austin was reviewed in which the Dauphin County court agreed to bifurcate a retrial of a Post-Koken case against both a tortfeasor Defendant driver and the UIM carrier after the jury, through questions presented to the court during their deliberations, indicated that they were looking at the issue of the tortfeasor's liability insurance coverage in violation of Pennsylvania law.  [Click HERE to review that Tort Talk post again and to access a link to the Order without Opinion].

Tort Talkers can click HERE to review the Jury Instructions utilized by the trial court in Oaks at the first trial which, as noted, ended in a mistrial when the jury began to focus on the issue of the tortfeasor's liability coverage.

A review of these jury instructions show just how difficult it can be to craft appropriate jury instructions in a Post-Koken trial involving both the tortfeasor Defendant driver and the UIM carrier Defendant.