Link to Copy of Hagedorn Decision Reviewed in Yesterday's Tort Talk Post.

Yesterday's Tort Talk blog post reviewed the case of Hagedorn v. Rick’s Backhoe Service, Inc., No. 2018-CV-3723 (C.P. Lacka. Co. Jan. 9, 2026 Nealon, J.), which involved a decision on a Motion for Bifurcation.  The Link to the post was not complete.

Here is the LINK to the above decision.  Sorry for any inconvenience.

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Motion To Bifurcate Motor Vehicle Accident Lawsuit Involving Bad Injuries Denied

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.

Judge Terrence R. Nealon
Lackawanna Co.

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.

Anyone wishing to review a copy of this decision may click this LINK.

Mock Trial Jurors Needed For First Round of Lackawanna County Competition Set for Next Wednesday - Please Consider Volunteering

 

Third Circuit Addresses Strict Liability Claims in Alleged Food Poisoning Case

In its unpublished decision in the case of Kovalev v. Lidl US, LLC, No. 24-3224 (3rd Cir. Nov. 12, 2025 Hardiman, J., Matey, J., Chung, J.) (per curiam) (unpublished), the appellate court affirmed the entry of summary judgment and other motions after finding that the thirty (30) day removal to federal court deadline begins when the Defendant learns that the case is indeed removable.

According to the record before this court, the Plaintiff had made a demand in excess of the diversity jurisdictional amount.

According to the Opinion, the Plaintiff claimed food poisoning from eating bread from a loaf of bread he had purchased.   

The court otherwise noted that the Plaintiff failed to establish that the alleged defective condition existed at the time of the sale, thereby precluding any strict liability claims. The court also found that the Plaintiff did not have any evidence to support the allegation that the alleged defect caused his claimed injuries.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney James Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

More Attorneys In Trouble for AI Hallucinations in Citations in Brief

In the case of Lifetime Well LLC v. Ibspot.com, Inc., No. 2:25-CV-05135-MAK (E.D. Pa. Jan. 26, 2026 Kearney, J.), a federal court judge sanctioned two (2) Pennsylvania and New York based attorneys after the court identified numerous artificial intelligence hallucinations in briefs. The court issued both non-monetary and monetary sanctions.

In its Opinion, the court noted that the two (2) attorneys failed to thoroughly review a Brief that they both signed and filed. According to the Opinion, a law clerk in the law office had allegedly drafted the Brief utilizing AI. The court found that the conduct of the attorneys was in violation of Federal Rule 11.

The court felt that sanctions were necessary in order to deter other attorneys from repeating such conduct.

Given that both attorneys had taken steps to remedy their mistakes, the court declined to refer the attorneys to the disciplinary board.

Anyone wishing to review a copy of this decision may click this LINK.

Source: Fed. Judge Sanctions Two Attorneys Over AI Hallucinations, Declines Disciplinary Referral By Riley Brennan of The Legal Intelligencer (Jan. 26, 2026).

Source of image:  Photo by Numan Ali on www.unsplash.com.

Accidental Shooting From One Vehicle To Another Found To Involve "Use" of a Motor Vehicle

In the case of Allmerica Financial Benefit Ins. Co. v. Hunt, No. 2:24-CV-02767 (E.D. Pa. Dec. 15, 2025 Weilheimer, J.), the court denied Motions for Judgment on the Pleadings filed by two (2) UIM carriers in a case in which the two (2) automobile insurance companies were attempting to avoid having to pay underinsured motorists (UIM) coverage after an accidental shooting while the vehicle was at a red light.

This matter arose out of an accidental shooting that occurred between two drivers at a red light. One driver was attempting to unload a gun he had taken out of his glove compartment. The gun accidentally went off and struck an individual in the adjacent car, resulting in fatal injuries to that person.

The family of the decedent recovered the liability limits from the tortfeasor’s coverage and then turned to seek UIM coverage.

The UIM carrier filed suit, arguing that the shooting did not result from the “use” of a vehicle as required under the terms of that policy.

The court held that the policy language contained in the UIM policies conflicted with Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL) because it attempted to impose a stricter, proximate cause standard for UIM coverage instead of Pennsylvania’s broader standard of review.

The court wrote that, in close or doubtful insurance coverage cases, the law requires judges to err on the side of the insured.

The court additionally noted that, while insurers should not be considered to always be on the hook in terms of coverage because of their perceived ability to bear the cost of paying on the policy, public policy dictates that when there is a “tie” on the positions put forth by the UIM carrier and the insured on a coverage dispute, the court should err in favor of finding coverage.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


Source: Article – “Pa Federal Judge Rules Auto Insurers Can’t Dodge UIM Coverage In Fatal Stoplight Shooting Case,” By Tristin Hoffman of the Legal Intelligencer (Jan. 2,2 026).

Senior Judge Minora Addresses Permissible Scope of Pre-Complaint Discovery Addressed to an Insurance Company in a Bad Faith Claim

In the case of Minooka Pastry Inc. v. Erie Insurance, No. 2024-CV-4077 (C.P. Lacka. Co. Jan. 15, 2026), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas addressed pre-Complaint discovery issues in a bad faith and breach of contract action brought against an insurance carrier.

According to the Opinion, this matter arose out of a claim presented by the Minooka Bakery to Erie Insurance for water damage sustained the interior of the property during a windstorm. After Erie denied the claim, the Minooka Bakery was seeking to commence a multi-count lawsuit against Erie, including causes of action for bad faith, breach of contract, and violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.

To assist it in the preparation of a Complaint, the Minooka Bakery served upon Erie Insurance written discovery requests. In response, Erie objected to the same but otherwise independently provided some materials along with a privilege log.

This matter came before the court on the Plaintiff’s Motion to Compel Pre-Complaint Discovery under Pa. R.C.P. 4003.8. The Plaintiff asserted that it was still in need of additional information and documentation despite the materials produced by Erie Insurance. The carrier asserted that the materials it turned over were sufficient.

In the end, the court granted in part and denied in part the Motion to Compel.

In so ruling, the court noted that, because the Plaintiff intends to assert a bad faith claim against its carrier, an expansion of the scope of pre-Complaint discovery was warranted given that that particular cause of action requires the Plaintiff to present clear and convincing evidence that the carrier did not have a reasonable basis for denying benefits under the policy and that the carrier knew, or recklessly disregarded, its alleged lack of a reasonable basis in denying the claim.

Senior Judge Carmen D. Minora
Lackawanna County 

Judge Minora noted that the second prong of this test requires a demonstration of a heightened level of intent on the part of the carrier, thereby making inquiry into certain areas, “such as past practices and reserve information,” more likely accessible for purposes of pre-Complaint discovery.

Keeping in mind that the burden upon the Plaintiff to assert a bad faith claim sufficient to defeat any Preliminary Objections for lack of specificity, and also considering the discovery sought “will not cause unreasonable annoyance, embarrassment, oppression, burden or 

expense” under Pa. R.C.P. 4003.8(a), the court overruled the carrier’s objections, except those objections asserted with respect to privilege material. In this regard, the court reviewed the carrier’s privilege log and agreed with the carrier’s position with respect to those objections.

The court more specifically noted that, in making this ruling, it was specifically determined that “guidebooks, training manuals, non-privilege communications, reserve information, comparative claim data and regulatory filings” were within the permissible scope of pre-Complaint discovery in this matter. The court did impose a time limitation of not to exceed three (3) years prior to the date of loss relative to the scope of the information required to be produced.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney Paul Walker of Walker Law in Clarks Summit, Pennsylvania for bringing this case to my attention.