Cohn

Plaintiff sought to recover damages for personal injuries allegedly suffered in an automobile accident, and similar damages, together with punitive damages for alleged fraud in inducing her to release the claim for damages arising out of the accident. She has appealed from an adverse judgment following a requested court trial on the issues of the interpretation of the release, and whether the defendants were guilty of fraud and misrepresentation in procuring the release. She now contends that the court was without jurisdiction to make the order bifurcating the trial because the issue of unconscionably inadequate consideration for the release could not be segregated from the issue of the extent of the damages and liability flowing from the original accident.

It is concluded from an examination of the record that under the circumstances the court properly bifurcated the issues and at no time precluded the plaintiff from showing the inadequacy of the consideration; that plaintiff was bound by her stipulation; and that, in any event, in the absence of findings or any request therefor, plaintiff cannot now attack the judgment of the court.

The salient facts are set forth in…