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Motion to bifurcate occupier's liability claim from trailing derivative contractual third-party claims granted to avoid delay.
The plaintiff brought a motion to bifurcate her main occupier's liability action and two related third-party claims from two other trailing third-party claims involving subcontractors.
The plaintiff argued that the trailing claims, which were derivative contractual disputes, would cause significant unnecessary delay to her personal injury trial.
The defendants opposed, arguing that bifurcation would lead to overlapping evidence and inconsistent verdicts, especially given the presence of jury notices.
The court granted the motion, finding that the occupier's liability issues were clearly severable from the contractual disputes, and that the plaintiff would suffer undue prejudice from further delay if the actions were not bifurcated.
