Monday, February 23, 2015
TELMA MORAES VS. DIDI WESLER & SIMONY WESLER TELMA MORAES VS. WILLIAM TAYLOR AND STATE FARM INSURANCE COMPANY A-5786-13T4
TELMA MORAES VS. DIDI WESLER & SIMONY WESLER
TELMA MORAES VS. WILLIAM TAYLOR AND STATE FARM INSURANCE COMPANY
We granted plaintiff Telma Moraes' motion for leave to file
an interlocutory appeal from the Law Division orders that denied her motion to consolidate her two personal injury actions and her motion for reconsideration, both unopposed. The trial court denied plaintiff's consolidation motion on a record that disclosed no significant or complex liability issue in either action, overlooked that trying the actions separately could result in inconsistent verdicts, and provided no appropriate explanation for the decision. Explaining and applying the abuse of discretion standard, we concluded that the trial court misapplied its discretion, and we reversed and remanded to the trial court to consolidate the cases for discovery and trial.