Powell v. Geekie et al

Filing 20

ORDER granting 10 Motion to Consolidate Cases. Lead Case # 5:09cv188. Member Case # 5:09cv189. Ordered by Judge Hugh Lawson on 1/13/2010. (nbp)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION K IM M. POW E L L , : : P la in tiff, : : v. : : A R Y N GRAVEL GORDON GEEKIE, : N O R T H AMERICAN MIDW A Y : E N T E R T A IN M E N T ­ CANADA : C O M PAN Y, : : D e fe n d a n ts : ORDER T h is matter is before the Court on the Defendants' Motion to C o n s o lid a te (Doc. 10) (the "Motion"). For the following reasons, the Motion is granted. T h e Plaintiff and her husband, Michael Powell, were involved in an a u to m o b ile accident on May 5, 2009. Both the Plaintiff and her husband w e re injured when their vehicle, driven by Michael Powell, collided with one o p e ra te d by Defendant Geekie. Both Plaintiff and her husband have

C a s e No. 5:09-CV-188 (HL)

b ro u g h t suit separately against the Defendants. Michael Powell's case is C a s e Number 5:09-CV-189. The Defendants have moved to have the two c a s e s consolidated. F e d e ra l Rule of Civil Procedure 42 provides this Court with the a u th o rity to consolidate cases.

W h e n actions involving a common question of law or fact are p e n d in g before the court, it may order a joint hearing or trial of any or a ll the matters in issue in the actions; it may order all the actions c o n s o lid a te d ; and it may make such orders concerning proceedings th e re in as may tend to avoid unnecessary costs or delay. T h is is a case that requires consolidation. The questions of law and fact a re nearly identical in these two cases. It would be an enormous waste of re s o u rc e s to empanel two juries and conduct two trials arising out of one a n d the same automobile accident. The Plaintiff's concerns that the issues o f medical treatment and comparative negligence, which would be raised in a consolidated trial, would confuse the jurors are unfounded. The Motion (D o c . 10) is granted and Cases Numbered 5:09-CV-188 and 5:09-CV-189 a re to be consolidated. SO ORDERED, this 13 th day of January, 2010.

s / Hugh Lawson HUGH LAW S O N , JUDGE jc h