Legal Opinion

Kujawski v. Fogmeg

Pennsylvania Court of Common Pleas, Lackawanna County

Decided April 15, 2015No. 12 CV 3395Published

1Opinion of the Court

NEALON, J.,

The parties ’ submissions in this automobile accident litigation concern the issue of whether a plaintiff’s third party liability claim and underinsured motorist (UIM) claim may be tried in a *329single proceeding before the same jury, and if so, what instructions should be provided to the jury regarding the named parties and the questions to be decided by the jury. Since the liabilities of the tortfeasor and the UIM insurer for damages arise from the same factual background and involve common questions of law and fact, plaintiff’s liability and UIM claims will be consolidated for a…

2Cases cited17 opinions

  1. Stevenson v. General Motors Corp.Supreme Court of Pennsylvania · 1987
  2. Schmidt v. Boardman Co.Supreme Court of Pennsylvania · 2011
  3. INSURANCE FEDERATION OF PA v. Dept. of Ins.Supreme Court of Pennsylvania · 2005
  4. Schmidt v. Boardman Co.Superior Court of Pennsylvania · 2008
  5. Earle v. CobbKentucky Supreme Court · 2004

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