In the case of Estate of Dugan v. Hotton, No. 2023-CV-4957 (C.P. Lacka. Co. Jan. 6, 2026 Nealon, J.), the court granted a Defendant’s Motion to Stay a civil jury trial in a wrongful death action arising out of a motor vehicle accident pending the resolution of the Defendant’s companion criminal court proceedings under charges of driving under the influence.
In so ruling, the court reviewed the applicable six-factor balancing test adopted by the Pennsylvania Superior Court in the case of Kessee v. Dougherty, 230 A.3d 1128 (Pa. Super. 2020). After reviewing those 6-factors, the court deemed it appropriate to enter the stay.
Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas, who decided this issue, handed down a very detailed Opinion outlining the current status of the law in this regard.
Anyone wishing to review a copy of this decision may click this LINK.
Defense counsel in this case is Daniel E. Cummins, Esq.
Source of image: Photo by Cottonbro Studios on www.pexels.com.
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