Sporn v. Hudson Transit Lines
Facts
The complaint contained five negligence causes of action seeking damages for personal injuries, loss of services, and property damage based on the allegation that the defendant carelessly operated its bus and collided with the automobile in which plaintiffs were riding. It also contained a separate cause of action by Harry Sporn for malicious prosecution. That claim alleged that after the accident the defendant maliciously caused his arrest for reckless driving. The severance dispute concerned whether the negligence and malicious prosecution claims should be tried together.
Issue
When a complaint joins negligence claims arising from an accident with a malicious prosecution claim based on a later arrest related to that accident, should the court order severance where trying them together would likely confuse the jury and prejudice the defendant?
Rule
Although section 258 of the Civil Practice Act broadly permits joinder of causes of action, the court may in its discretion direct a severance or separate trials whenever required in the interests of justice. Severance should be granted where joinder would prejudice a substantial right or cause confusion at trial, especially when the joined claims are essentially different in nature, involve different rules of law, require different proof, and carry different measures of damages.
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