In
the case of Ali v. Erie Insurance Company,
No. 2017-CV-03544 (C.P. Dauph. Co. March 1, 2019 Cherry, J.), the court denied
a Plaintiff’s Motion to Consolidate a third party negligence claim with a
companion UIM claim in a post-Koken motor vehicle accident matter.
In
his detailed Order, Judge John F. Cherry of the Dauphin County Court of Common
Pleas held that the “consolidation of these matter[s] would not serve the
interests of judicial efficiency, but rather, create confusion to the
jury.”
The
court additionally noted that the cases involved “separate and distinct causes
of action” against the two (2) types of Defendants, that is, a negligence claim
for bodily injury against the Defendant driver and owner and a separate
contract claim against the UIM carrier.
Anyone
wishing to review a copy of this detailed Order may click this LINK.
I
send thanks to Attorney John A. Statler of the Lemoyne, Pa law firm of Johnson,
Duffie, Stewart & Weidner for bringing this case to my attention.
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