Opinion
October 2, 1998
Appeal from the Supreme Court, Erie County, Glownia, J. — Bifurcation.
Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
Order unanimously reversed on the law without costs and motion granted Memorandum: In this action for damages arising out of the fatal injuries suffered by plaintiff's decedent in a motor vehicle accident, Supreme Court abused its discretion in denying defendants' motion to bifurcate the trial. "As a general rule, issues of liability and damages in a negligence action are distinct and severable issues which should be tried and determined separately" ( Martinez v. Town of Babylon, 191 A.D.2d 483, 484; see also, 22 NYCRR 202.42 [a]). An exception to that rule arises where plaintiff's injuries have "an important bearing" on the issue of liability ( Parmar v. Skinner, 154 A.D.2d 444, 445; see, Kotarski v. Kotecki Sons, 239 A.D.2d 909) and are probative in determining how the incident occurred ( see, DeGregorio v. Lutheran Med. Ctr., 142 A.D.2d 543, 544). Plaintiff failed to establish the need to depart from the general rule ( see, Fetterman v. Evans, 204 A.D.2d 888; Armstrong v. Adelman Automotive Parts Distrib. Corp., 176 A.D.2d 773; Berthoumieux v. We Try Harder, 170 A.D.2d 248).