Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Bifurcation.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER AND KEHOE, JJ.
Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Supreme Court abused its discretion in denying defendants' motion 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 plaintiff's injuries have an important bearing on the issue of liability ( see, Armstrong v. Adelman Automotive Parts Distrib. Corp., 176 A.D.2d 773). Upon our review of the record, we conclude that plaintiff's injuries are not probative of defendants' alleged negligence, and thus plaintiff failed to establish the applicability of that exception ( see, Guizzotti v. English, 273 A.D.2d 932; Loncz v. Blagrove, 254 A.D.2d 735).