Legal Opinion

Bingham v. Poswistilo

Pennsylvania Court of Common Pleas, Lackawanna County

Decided April 8, 2011No. 10 CV 6026PublishedCited by 2 opinions

1Opinion of the Court

NEALON, J.,

A defendant motorist in this automobile accident suit has filed preliminary objections asserting misjoinder of the male plaintiff’s tort action and underinsured motorist (UIM) claims in a single action and alleging improper venue in Lackawanna County *20as to the tort action. For the reasons discussed below, tort and UIM claims may be joined under Pa.R.C.P. 2229(b) and the presiding trial judge may address any evidentiary issues involving Pa.R.E. 411 in the manner [s]he deems most appropriate.

However, venue may not be laid against the defendant motorists in Lackawanna County since the…

2Cases cited77 opinions

  1. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 2004
  2. State Farm Mutual Automobile Insurance Co. v. ShraderWyoming Supreme Court · 1994
  3. Lasprogata v. QuallsSuperior Court of Pennsylvania · 1979
  4. Zappala v. Brandolini Property Management, Inc.Supreme Court of Pennsylvania · 2006
  5. Lowe v. Nationwide Ins. Co.Supreme Court of Alabama · 1988

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3Cited by2 opinions

  1. Kujawski v. Fogmeg, Pennsylvania Court of Common Pleas, Lackawanna County2015
  2. Moritz v. Horace Mann Property & Casualty Insurance, Pennsylvania Court of Common Pleas, Lackawanna County2014

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