Gallivan v. Pucello

Motion for a stay denied. Memorandum: Plaintiffs brought an action for personal injuries against both the driver and the owner of a vehicle. The driver defaulted and, upon plaintiffs’ motion, an order was granted severing the action against the driver, directing immediate assessment of damages and entry of default judgment against that defendant. The owner now seeks a stay of that order pending determination of his appeal from the order. Both the motion and the appeal are based on the claim that assessment of damages against the driver can result in two damage verdicts arising out of the same…