(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.)
THE COURT SHOULD NOT ORDER BIFURCATION ON ITS OWN MOTION
Although defendants motion is untimely as discussed above, the Court retains discretion to order bifurcation on its own motion at any time when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby . CCP §§ 598; see also, CCP § 1048(b).
In the present case, none of these ends would be served by conducting two separate trials, one on liability and one on damages, for several reasons to be discussed below. First, however, it should be noted that plaintiff has no intention of calling an extensive number of the physicians who treated him. Indeed, Plaintiff plans to call only one of the doctors who treated him at Sacramento Medical Center and only one who treated him at Mercy Hospital. Each will be relatively short – no more than one hour of direct testimony and probably less. Moreover, as discussed further below, each of these doctors will be testifying on the issue of liability in any event, and would have to come back to testify a second time if the case were bifurcated.
Plaintiff also plans to call Dr. X, a treating physician who performed tendon release surgery on Mr. Santoro’ legs. Dr. X’s testimony will not be lengthy and is very straightforward. (See Part 6 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
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