Monday, July 18, 2016

Plaintiff Permitted to Discontinue Post-Koken Action Against Tortfeasor Over Objection of UIM Carrier

In a trial court Order entered by the Dauphin County Court of Common Pleas in the case of Phaler v. Ray and Westfield Insurance Company, No. 2014-CV-7332 (C.P. Dauph. Co. May 17, 2016 Bratton, J.), the court granted a Plaintiff’s Motion to Discontinue the post-Koken action against the tortfeasor Defendant over the objection of the UIM carrier. 

According to reports on the case, the UIM carrier attempted to compel the inclusion of the tortfeasor even though the tortfeasor had tendered his limits.  The argument raised was that the UIM carrier would be prejudiced during depositions and at trial if the tortfeasor was not forced to remain a party to the matter.  

In this Order issued by the court, the Plaintiff’s Motion for Partial Discontinuance in favor of the tortfeasor Defendant was granted and the tortfeasor Defendant was discontinued from the action with prejudice and his name was ordered removed from the caption.  

Anyone desiring a copy of this Order may contact me at

I send thanks to Attorney Stephen Franko for bringing this case to my attention.

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