Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident lawsuit and its proceedings.)
Plaintiffs Betty Hall and Susan Black’s Opposition to Defendant National, Inc.’s, Motion to Bifurcate Liability From Damages at Trial
INTRODUCTION AND SUMMARY OF PLAINTIFF’S POSITION
Plaintiffs respectfully oppose the motion to bifurcate liability and damages.
1. Irrespective of whether any of the product liability defendants avoid liability in this matter, bifurcation will not save Court time. There will be a damages trial as to Defendant David White under any set of circumstances. The interpleader complaint pertaining to the White insurance policy limits has been dismissed. At the very least the likelihood is very high that a reasonable jury will find Mr. White at fault to some degree in this matter. Absent a defense verdict as to White a damages phase of the trial is virtually guaranteed irrespective of anything that happens with the product liability defendants.
2. Through discovery, Plaintiffs have amassed significant evidence showing that the subject boat was defectively designed. This includes failures to warn of the exact type of occurrence involved herein.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
It is highly likely that there will be at least some apportionment of fault to the product liability defendants, making bifurcation a waste of time. (See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.