Consolidation Denied to Avoid Waiver of Dead Man’s Act

For a series of cases in involving a series of car collisions, the cases in which a decedent’s estate is a party will not be consolidated with the other cases because of the possibility that the Dead Mans’ Act could be waived unintentionally, and because of the confusion or prejudice that could occur if testimony were admissible against some parties but not the estate. Marc Pitman v. Jason Piatt, 12 Fid.Rep.3d 51 (Franklin C.D. 2021).

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