2 total
Motion to bifurcate discoveries into liability and damages phases denied; comprehensive litigation timetable imposed.
The parties attended a hearing to settle the terms of an order directing that several related actions, arising from a motor vehicle accident and subsequent obstetrical care, be tried together.
The plaintiffs sought to bifurcate discoveries, proposing to proceed with liability first and defer damages until the minor plaintiff's prognosis crystallized.
The defendant physicians and hospital opposed and sought a comprehensive timetable.
The court denied the request for bifurcation, noting the high onus to divide discoveries and the intertwined nature of the claims.
The court imposed the defendants' proposed timetable, requiring the actions to be set down for trial by December 2024.
Summary judgment granted with costs after plaintiff missed deadline to accept without-costs dismissal offer.
The plaintiff sued the driver of a rear-ended car but realized after discovery that the driver had no liability.
The defendant offered to accept a dismissal without costs if accepted within two weeks, but the plaintiff missed the deadline.
The defendant subsequently moved for summary judgment and sought costs.
The court granted summary judgment dismissing the action and awarded the defendant partial indemnity costs, finding that the defendant was entitled to costs after the plaintiff sued, conducted discovery, and lost.
