Johnstone-Mann v. Stout

Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered July 28, 2008. The order granted the motion of defendants Julie M. Stout and Richard D. Stout seeking a joint trial of action Nos. 1 and 2 and seeking to bifurcate the trial.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking to bifurcate the trial and as modified the order is affirmed without costs.

Memorandum: In action No. 1, the plaintiffs seek damages for injuries sustained by Kim M. Johnstone-Mann when the vehicle…