Tuesday, January 12, 2016

Judge Polachek-Gartley of Luzerne County Denies UIM Carrier's Preliminary Objections in Post-Koken Case Involving an Alleged DUI Tortfeasor Defendant

In a recent Order without Opinion in the case of Baldinucci v. Purcell and State Farm Mut. Auto. Ins. Co., No. 2015-Civil-7972 (C.P. Luz. Co. Dec. 18, 2015 Polachek-Gartley, J.), Judge Tina Polachek-Gartley of the Luzerne County Court of Common Pleas denied Preliminary Objections filed by the UIM carrier Defendant asserting a misjoinder of the Plaintiff’s tort and UIM breach of contract claims in a case where the tortfeasor Defendant driver was alleged to have been driving under the influence at the time of the accident.  

Anyone desiring a copy of this Order without Opinion may email me at dancummins@comcast.net.

I send thanks to the prevailing Plaintiff’s attorney, Michael A. O’Donnell of the O’Donnell Law Offices in Kingston, Pennsylvania for providing me with a copy of this Order.  

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