PENA v. Mercedes Benz of White Plains, et al., Defendants–Respondents. (2026)

Order, Supreme Court, Bronx County (John A. Howard–Algarin, J.), entered on or about August 13, 2025, which denied defendant Deyanara E. Castillo Dionisio's motion to sever the joint damages trial with leave to refile before the trial judge, unanimously affirmed, without costs.

Plaintiff Kiara Pena was a passenger in a vehicle operated by defendant Dionisio that collided with a vehicle owned by defendant Verizon Services Corp. Pena and Dionisio commenced separate actions, both naming Verizon as a defendant. The actions were joined for discovery and trial, with Dionisio's consent.

Dionisio states that it was ascertained in discovery that both she and Pena were claiming injuries to their cervical spine, lumbar spine, and head, and received medical treatment and surgery from some of the same physicians. She asserts that she will be hampered in her ability to challenge the treatment rendered to Pena where she sustained nearly the same injuries, utilized the same physicians, and received nearly identical medical treatment. She contends that reliance on expert testimony that challenges the credibility, reliability, diagnostic conclusions, and treatment recommendations of Pena's medical providers will undermine her own damage claims since they are based on the same providers.

The court providently denied Dionisio's motion to sever the damages trial of the two actions. Dionisio failed to show that a bifurcated damages trial would be more convenient or prevent prejudice sufficient to outweigh the inconvenience and expense of severance where the issues arise from a common nucleus of facts (see Ayangbesan v. Finkelstein, 193 AD3d 477 [1st Dept 2021]).

Accordingly, the court properly granted Dionisio leave to refile before the trial judge at a time when the prejudice to her, if any, will be clearer and the allegations against the treating physicians in a federal action may be resolved.