Tuesday, October 25, 2016

Judge Nealon of Lackawanna County Grants Motion for Coordination of Actions Arising Out of Same Accident But Filed in Separate Counties

In his recent decision in the case of Rogers v. Thomas, No. 12-CV-1464 (C.P. Lacka. Co. Oct. 21, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted a Motion to Coordinate two actions filed in two separate counties arising out of the same accident.

Judge Nealon reviewed the Motion for Coordination under the applicable Rule of Civil Procedure, i.e., Pa.R.C.P. 213.1.

The cases involved a shooting incident that occurred in Susquehanna County.  There was one action pending in Susquehanna County and one action pending in the Lackawanna County Court of Common Pleas.

Given that (1) the incident occurred in Susquehanna County, (2) the two cases involved the same theories of liability, (3) each case was supported by the same fact and expert witnesses, (4) Susquehanna County was the most convenient forum for the witnesses and (5) given that there was no connection with Lackawanna County, the court granted the Motion and ordered that the cases be coordinated in Susquehanna County.

Judge Terrence R. Nealon
Lackawanna County

In so ruling, Judge Nealon noted that coordination of these actions would further the Rules goal of avoiding duplication of effort, avoiding multiple trials on the same matter,and avoiding inconsistent judicial decisions and verdicts.

Anyone wishing to review this decision may click this LINK.




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