Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Marzan v. Levine

Defendant Denied Bifurcated Trial as Issues of Liability, Damages Intertwined

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  on November 12, 2017, plaintiff was involved in an accident in or near a Manhattan intersection that caused him to sustain significant personal injuries. According to plaintiff, defendant, a pedestrian, stepped into the bicycle lane in which plaintiff was riding his bicycle, causing plaintiff to maneuver abruptly to avoid defendant and, in the process, strike nearby construction fencing. Defendant maintains that she was crossing a street in a crosswalk with a pedestrian crossing signal in her favor, and that plaintiff failed to yield the right of way to defendant and that plaintiff is solely (or at least significantly) to blame for his claimed injuries. Plaintiff commenced this action to recover damages for the personal injuries he allegedly sustained as a result of the accident. Defendant interposed an answer containing a number of affirmative defenses; seven of those defenses relate to plaintiff’s alleged comparative fault (see CPLR 1411).1 Discovery was completed and a note of issue was filed. Defendant seeks to bifurcate the trial of this action, arguing that “[t]he facts underlying th[e] incident and those [underlying] the plaintiff’s alleged injuries are easily separable and are not so intertwined that they must be simultaneously presented to the trier of fact. In other words, the plaintiff’s injuries are not probative in determining how the accident occurred” (Dorman, affirmation in support, at 13). In support of her motion, defendant submits the pleadings, the bill of particulars, and the transcripts of the deposition testimony of the parties and defendant’s husband (who witnessed a portion of the events). Plaintiff opposes the motion to bifurcate. Plaintiff argues that by asserting comparative fault defenses, defendant has inextricably interwoven the issues of liability and damages, making a unified trial necessary (Gottfried, affirmation in opposition, at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements