Thursday, March 28, 2019

Split of Authority Continues on Consolidation vs. Severance/Bifurcation of Post-Koken Claims

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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