SCHWARTZ V. SWAN
211 N.E.2d 122 (Ill. App. 1965)
NATURE OF THE CASE: This was an appeal from a judgment in favor of Swan (D) in a personal
injury action wherein severance was allowed.
FACTS: Schwartz (P) was riding as a passenger in a car that was struck by D. This
accident occurred on August 13, 1960. Just ten days later, P was again riding as a passenger
in another car with that car was struck by Polivick (D1). P sued both D and D1 in one suit.
P alleged that she was unable to determine the extent of injury she suffered from each
individual accident. Ds motioned for severance in that the actions were separate and both
involved different evidence. The trial court agreed and granted severance. The D case was
tried first and D got the verdict. P appealed the severance ruling.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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