This matter arose out of a motor vehicle accident during which the Defendant tortfeasor driver was allegedly driving under the influence.
The Defendant UIM carrier filed Preliminary Objections asserting a misjoinder of negligence claims against the alleged tortfeasor and UIM breach of contract claims under a single Complaint. The carrier combined the Preliminary Objections with a Motion to Sever pursuant to Pa.R.C.P. 213 asserting, in part, that it would be prejudicial for the UIM carrier to have to proceed through the same jury trial with the inflammatory facts associated with a Co-Defendant accused of a DUI and facing punitive damages.
|Judge William H. Amesbury|
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