Tuesday, October 5, 2021

Motion To Bifurcate Lackawanna County Post-Koken Trial Denied

In the case of Nebesky v. Pagnotti, No. 2019-CV-3170 (C.P. Lacka. Co. Sept 15, 2021 Gibbons, J.), the court addressed a Motion to Bifurcate the Trial in this post-Koken automobile accident litigation. After reviewing Pa. R.C.P. 213(b) and after noting that the parties had cited two (2) court decisions at the trial court level from around the Commonwealth, this court chose to deny the Motion to Bifurcate.

Judge Gibbons noted that he believed that the attorneys involved would be able to outline their respective positions on the third party negligence claims and the UIM breach of contract claims to the jury in such a way as to avoid any confusion or prejudice. The court additionally felt that any potential prejudice to the third party Defendant in having an insurance company as a Co-Defendant could be rooted out in Voir Dire.

Judge James A. Gibbons
Lackawanna County

The Court also noted that the jury would be properly instructed on the law applicable to the negligence claims as well as the breach of contract claims.

Judge Gibbons also noted that he wished to remain consistent with the prior decisions out of Lackawanna County denying Motions to Bifurcate in post-Koken matters.

Anyone wishing to review a copy of this decision may click this LINK.

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