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Consolidation of Trials Okay Even If Some Prejudice Results; Potential for Inconsistent Verdicts Eliminated by Consolidation

In a personal injury action, the fact that consolidation of two actions arising from the same accident will result in the jury learning of the existence of insurance did not warrant the denial of the motion to consolidate.  The Second Department wrote:

The trial court has broad discretion in determining whether to order consolidation … . The interests of justice and judicial economy are better served by consolidation in those cases where the actions share material questions of law or fact … . A motion to consolidate should be granted absent a showing of prejudice to a substantial right by a party opposing the motion .. . Here, the appellants principally argued that they would be prejudiced if the two actions are tried before the same jury since it will bring to the jury’s attention the existence of insurance in Action No. 1 …. However, even assuming that under the circumstances of this case, the appellants would be prejudiced by consolidation, any such prejudice is outweighed by the possibility of inconsistent verdicts if separate trials ensue … . Furthermore, the possibility of such prejudice to the appellants can be mitigated by appropriate jury instructions.  Hanover Ins Group v Mezansky, 2013 NY Slip Op 02713, 2nd Dept, 4-24-13

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