Opinion
CA 02-01455
December 30, 2002.
Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered June 19, 2002, which denied the motion of defendants John F. Grazulewicz and J M Fast Freight, LLC, to bifurcate the trial.
WATSON, BENNETT, COLLIGAN, JOHNSON SCHECHTER, L.L.P., BUFFALO (JOEL B. SCHECHTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
DEMPSEY DEMPSEY, BUFFALO (HELEN KANEY DEMPSEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.
Memorandum:
Supreme Court abused its discretion in denying the motion of defendants John F. Grazulewicz and J M Fast Freight, LLC to bifurcate the trial. "Issues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately unless [a] plaintiff's injuries have an important bearing on the issue of liability" ( Hrusa v. Bogdan, 278 A.D.2d 947, 947). In opposition to the motion, plaintiffs failed to establish that the injuries of plaintiff Cheryl R. Delano "`have an important bearing on the issue of liability and are probative in determining how the accident occurred'" ( Wesselenyi v. Santiago [appeal No. 1] , 286 A.D.2d 964, 964; cf. Tate v. Stevens, 275 A.D.2d 1039, 1040). Nor have plaintiffs established that bifurcation would not "assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action" ( 22 NYCRR 202.42 [a]; cf. Mazur v. Mazur, 288 A.D.2d 945).