The plaintiff brought a motion seeking a pre-trial interpretation of Section 267.5 of the Insurance Act, specifically the phrase "without regard to" in s. 267.5(7)(1), to require the trial judge to inform the jury about statutory deductibles applicable to general damages awards in motor vehicle accident actions.
The motion, brought under Rules 21 and 22 of the Rules of Civil Procedure, was dismissed for lack of jurisdiction.
The court found that the issue of jury knowledge of deductibles was not a matter of law in the pleadings that would dispose of the action, substantially shorten the trial, or result in significant cost savings, nor was there an agreed-upon special case under Rule 22.
