Schwartz v. Swan

211 N.E.2d 122 (Ill. App. 1965)


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.