Davis v. Marquardt

OGG, Acting Presiding Judge.

This is a special action in which the petitioners (defendants) Kathleen Elizabeth Davis and Frederick Davis, husband and wife, are seeking relief from an order of the trial court which denied their motion to separate the trial of an issue involving the validity of an insurance company release from the remaining issues in an automobile negligence case.

A brief summary of the facts is necessary to show the present posture of this case. Carol Ann Ledbetter and Kathleen Elizabeth Davis — while driving their respective vehicles — were involved in an accident. Later,…