Trial Court Grants Motion to Bifurcate Compensatory and Punitive Damages Phases of Medical Malpractice Trial

In the case of Leber v. Frattali, No. 2023-CV-1442 (C.P. Lacka. Co. 2025 Powell, J.), the court addressed a Plaintiff’s Motion to Bifurcate the trial of a medical malpractice and wrongful death case into separate trials, one for the liability and compensatory damages aspect of the case, and whether the Defendants acted with reckless indifference, and a second trial relative to the amount of any punitive damages that should be awarded.

Judge Mark Powell disagreed with the defense argument that the issues were too interwoven and that bifurcation would cause prejudice.

Relying upon Pa. R.C.P. 213(b), the court exercised its discretion to bifurcate after finding that bifurcation served the issues of convenience, the avoidance of prejudice, and the promotion of the efficiency of the proceedings.

The court found that the bifurcation of the trial as requested by the Plaintiff would promote judicial economy and would avoid the prejudicial introduction of the Defendants’ financial condition during the compensatory phase of the case. The court also therefore found that a bifurcation of the trial would allow for a more orderly presentation of the evidence.

Judge Powell also emphasized that bifurcation under the circumstances presented was reasonable, facilitated potential settlement talks, would realize cost savings, and promoted the issue of fairness. As such, the Motion to Bifurcate was granted.

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