PLAINTIFF’S MOTION FOR A UNIFIED TRIAL (LIABILITY AND DAMAGES) IN THIS PEDESTRIAN-VEHICLE TRAFFIC ACCIDENT CASE SHOULD HAVE BEEN GRANTED; THE NATURE OF THE INJURIES WAS RELEVANT TO HOW THE ACCIDENT OCCURRED (SECOND DEPT).

The Second Department, reversing the defense verdict and ordering a new trial, determined plaintiff’s motion for a unified trial on liability and damages should have been granted. Plaintiff was crossing a street when she was struck by defendant’s vehicle which was making a left turn across the crosswalk. Defendant alleged plaintiff walked into the side of defendant’s van. Plaintiff’s treating physician opined that the injury was consistent with plaintiff being in front of the van when she was struck. Because the injuries were relevant to the liability aspect of the trial, a unified trial was necessary:

Judges are encouraged to direct a bifurcated trial of the issues of liability and damages in any action to recover damages for personal injuries “where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action” … . “Although bifurcation is encouraged in appropriate settings, bifurcation is not an absolute given and it is the responsibility of the trial judge to exercise discretion in determining whether bifurcation is appropriate in light of all relevant facts and circumstances presented by the individual cases” … . A unified trial is appropriate where the nature of the plaintiff’s injuries has “an important bearing on the issue of liability” … .

Here, the Supreme Court improvidently exercised its discretion in denying the plaintiff’s motion for a unified trial on the issues of liability and damages. The plaintiff and the defendant driver, the only witnesses to the accident, offered conflicting accounts of how the accident occurred, and the plaintiff demonstrated that evidence regarding the nature of her injuries was probative in determining how the accident occurred … . Marisova v Collins-Brewster, 2024 NY Slip Op 00414, Second Dept 1-31-24

Practice Point: Plaintiff, a pedestrian, was struck by defendant’s van in a crosswalk. Defendant alleged plaintiff walked into the side of the van and obtained a defense verdict. Plaintiff’s injuries indicated she was struck by the front of the van. Plaintiff’s motion for a unified trial should have been granted.