Allegheny County court permits plaintiff to consolidate two separate motor vehicle accident lawsuits pursuant to Pa.R.C.P. 213.

On April 24, 2013, the court ordered the consolidation of two separate and distinct motor vehicle accident actions filed by the same plaintiff in the Allegheny County Court of Common Pleas. The plaintiff sustained cervical strain/sprain, right shoulder, lumbar sprain/strain and right knee injuries in a two-car collision on October 10, 2010. While still treating, the plaintiff was rear-ended by a second individual on January 28, 2011, which resulted in an exacerbation of all injuries received in the October 2010 incident. The plaintiff sought to consolidate both actions, arguing that, if the lawsuits were tried separately, "[i]n the first lawsuit, the defendant will be attempting to show that the second accident caused any injuries experienced after the second accident, while the defendant in the second lawsuit will be attempting to establish that plaintiff's current medical condition was caused mostly by the accident which is the subject of the first lawsuit. Thus, because of finger pointing, plaintiff might not be adequately compensated for his [sic] injuries." The court observed that "[i]n this litigation, there is a common question of fact, namely what injuries were caused by which accident," and reasoned that under Pa.R.C.P. 213(a), consolidation is permitted upon a showing of rather a common question of law or fact or a showing that the actions arise from the same transaction or occurrence. Thus, the court granted the plaintiff's motion because the actions involved a common question of fact and because "[t]he interests of justice are served by having both lawsuits tried at the same time by the same fact finder."

Case Law Alert, 3rd Quarter 2013