The trial court’s in Pennsylvania continue to address issues dealing with consolidated third party and underinsured motorist (UIM) claims. In Purta v. Blower and Erie Ins. Exch., No. 2010-C-2515 (Lehigh Co. Sept. 20, 2011) a trial court in Lehigh County, Pennsylvania recently addressed a Motion to Sever jointly filed third party and underinsured motorist claims just prior to trial.
He writes that "pursurant to the criteris set forth in Pa.R.C.P. 213(b), and so as to avoid confusion of the threshold issues of alleged liability and damages caused by the Defendant Blower as the tortfeasor, the claims against Erie will be severed and addressed in a subsequent trial if necessary."
A review of the docket indicates that the jury did not award any damages to Purta. Thus, the UIM claim is moot unless the verdict set aside or reversed on appeal.
For a copy of the opinion contact Scott Cooper at Schmidt Kramer Injury Lawyers.
Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile