Posted on May 10, 2013
In a recent trial court our in western Pennsylvania, Judge Wettick from the Allegheny County Court of Common Pleas granted a motion to consolidate in Jackson v. Drew, No. GD-12-008737 (C.P. Allegheny April 24, 2013). The Plaintiff Jackson was involved in two separate car accident in Allegheny County. He claimed the second accident exacerbated injuries from the first accident. After not being able to settle either case, he file separate suits against the other drivers. Both suits were filed in Allegheny County.
The Plaintiff then sought under Pennsylvania Rule of Civil Procedure 213 to consolidate the cases because of a concern that both Defendants in the cases would try to blame the other for any of the his injuries. Judge Wettick grants the motion and consolidates the cases since both accidents arise out of a common question of law or fact OR a showing that the actions arise from the same transaction or occurrence. He concludes that in this case “there is a common question of fact, namely what injuries were caused by which accident”. This motion is not the same as a motion to join under Rule 2229(b) which must arise out of a series of transactions or occurrences.
For a copy of the opinion please contact Schmidt Kramer Partner and Pennsylvania Association for Justice President Scott Cooper at 717-888-8888 or email at [email protected] Kramer.com.
If you have been injured in a Pennsylvania car accident, or a loved one has been injured or killed in a car accident, contact a Pennsylvania Lawyer at 717-888-8888 and we will answer any questions you have about the Pennsylvania car, truck or motorcycle accident and the legal rights you may have due to the personal injury and losses involving any Harrisburg car accident, especially if you may need a lawyer for the Central Pennsylvania car accident. Our lawyers can meet you at our office in Harrisburg, or go out ot your home or hospital.
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