January 3, 2012

Bifurcated trials.

Practice point: Courts are encouraged to bifurcate issues of liability and damages in personal injury trials, pursuant to 22 NYCRR 202.42.

Student note: A unified trial should only be conducted where the nature of the plaintiff's injuries has an important bearing on the issue of liability.

Case: Galarza v. Crown Container Co., Inc., NY Slip Op 09088 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue: Vacating a default.