Britton v. Farmers Insurance Group

The HONORABLE HENRY LOBLE, District Judge, sitting for MR. CHIEF JUSTICE TURNAGE,

dissenting:

I respectfully dissent. The trial judge did not consider and rule upon appellant Farmers Insurance Group’s (FIG) motion for separate trial on that motion’s merits.

The trial court was under the erroneous impression that District Judge Henson, who had previously presided in the case, had denied a cross-defense motion for separate trial. The trial judge repeatedly, during the trial, recognized that he should have severed the case. For example, he said: “THE COURT: Well, I think it’s another prime example…