Schwartz v. Swan
Illinois Appellate Court
211 N.E.2d 122 (Ill. App. 1965)
Dorothy Schwartz (plaintiff) was injured in one car accident allegedly caused by Bray and Swan (defendants) and, ten days later, in a second accident allegedly caused by Polivick (defendant); she sued all three defendants jointly, since she could not distinguish which specific injuries were caused or aggravated by which of the two accidents. Bray, Swan, and Polivick moved to sever the case into two separate actions, arguing a joint trial risked confusing the jury given that not every defendant was culpable for every claimed injury; the trial judge severed the case without stating any reasoning, and Dorothy appealed.
Whether plaintiffs are permitted to join multiple defendants in a single action even when the relief sought relates to a series of wrongful acts, which were committed by different defendants, if the wrongful acts involve related questions of law or fact.