In the case of
Hagedorn v. Rick’s Backhoe Service, Inc., No. 2018-CV-3723 (C.P. Lacka. Co. Jan. 9, 2026 Nealon, J.), the court denied a Defendant’s Motion to Bifurcate the liability and damages issues presented in a motor vehicle accident case.
According to the Opinion, this matter arose out of a motor vehicle accident during which the Plaintiff was operating a motorcycle. The Plaintiff and the Defendant driver allegedly engaged in road rage in a construction zone and that, during the interaction, the Defendant driver negligently and recklessly struck the Plaintiff’s motorcycle, resulting in the accident.
In seeking to bifurcate the liability and damages issues presented, the Defendants asserted that they were proceeding on a strong liability defense.
The Defendants also asserted that, given the severity of the injuries sustained by the Plaintiff, there was a strong likelihood that the jury’s decision on liability would be tainted by sympathy for the Plaintiff if the jury was to hear the damages evidence and the severity of the damages alleged.
The defense further argued that the bifurcation would expedite the action by allowing for a clear presentation of the negligence issues to the jury without confusing the issues relative to the injuries and damages claims presented.
In opposition, the Plaintiff asserted, in part, that the testimony of the treating physicians would explain, in part, the mechanics of the Plaintiff’s injuries which could also provide relevant context on how the collision actually occurred and what the forces involved were. The Plaintiff additionally asserted that a bifurcation of the trial would not serve the interests of judicial economy as it would cause a lengthier trial and additional expenses.
Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed the Motion to Bifurcate under the standard of review set forth in Pa. R.C.P. 213(b).
In reviewing the law, Judge Nealon noted that appellate decisions indicated that cases should only be bifurcated where the separation of the issues would facilitate the orderly presentation of evidence and would support judicial economy. Bifurcation is typically only granted where the issues of liability and damages are “totally independent.”
See Op. at 4 [citation omitted]. Here, the court found that bifurcation of the trial would not promote convenience or judicial economy. The court additionally found that the issues of liability and damages were not totally independent from one another based upon the information in the record before the court.
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Judge Terrence R. Nealon
Lackawanna Co.
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In this regard, Judge Nealon noted that the Plaintiff indicated that his treating physicians would testify regarding the mechanics of his injuries, which could provide context regarding the dynamics of the impact, which could bear on the issue of how the accident occurred. Judge Nealon also noted that proof of that nature indicates that certain evidence on liability and damages is intermingled.
The court also noted that the defense had not established that bifurcation was necessary to actually avoid prejudice. In terms of any concern that the jury might be sympathetic towards the Plaintiff due to the nature of the Plaintiff’s injuries, the court noted that the jury would be furnished with instructions from the court admonishing the jury that they should not allow sympathy or emotion to influence their deliberations or verdict.
Judge Nealon additionally cited to Pennsylvania Supreme Court precedent confirming that the courts may assume that juries will follow judicial instructions faithfully.
Based upon its review of the matter, the court found that bifurcation of the liability and damages issues into separate trials pursuant to Pa. R.C.P. 213(b) was not proper in this matter. Accordingly, the Motion was denied.
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