Boating Accident Leaves Two Sacramento Women Catastrophically Injured, Part 3 of 8

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/brain injury lawsuit and its proceedings.)

5. Moving Defendant never explains what it Is about this Individual case and these individual plaintiffs that will create a substantial risk the jury will ignore its oath and Instructions by awarding damages in the absence of liability. This Court, not to mention civil trial courts across the State, has tried catastrophic injury cases without habitual bifurcation. Plaintiffs are not aware of a single appellate case mandating bifurcation due to the significance of the individual plaintiff’s injuries.

6. As a practical matter, the jury will hear evidence in any liability phase regarding how Plaintiffs Hall and Black were injured as a result of the alleged design defects. At the very least, the jury will have to be told that both sustained injury as the result of a propeller impact, which will certainly create an image for the jury as to the injuries each Plaintiff likely sustained. This will also require testimony from retained biomechanical experts to explain the mechanism of injuries for each Plaintiff, and from other experts regarding the design and engineering defects that led to such injuries. Such testimony will necessarily depend to some extent on evidence of injuries sustained. Piquing the jury’s curiosity about such a core matter without permitting evidence of such injuries can only restrict the ability of the injured parties to plead their case.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


Judicial economy will not be advanced by bifurcation. Plaintiffs submit that the chances of a defense verdict as to both product liability defendants are very small. As to Defendant White, liability is virtually guaranteed. (See Part 4 of 8.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Contact Information