The defendant brought a motion to sever the claims of two plaintiffs who alleged historical sexual abuse by their uncle, arguing the claims did not meet the joinder test under Rule 5.02(1) of the Rules of Civil Procedure and would cause prejudice if tried together.
The court held the claims did not arise from the same transaction or occurrence, did not raise common questions of fact or law, and would require separate evidence and expert testimony.
The court further found that joinder would complicate the proceedings and create prejudice given the significant passage of time and credibility issues.
Even if joinder were technically permissible, the court concluded severance was justified under Rule 5.05 due to undue prejudice.
The plaintiffs were ordered to pursue their claims in separate proceedings.
