Amanda Potasky

The defendant brought a motion to re-open pleadings to file a late jury notice, citing inadvertence by new counsel after a co-defendant municipality was removed from the action.

The plaintiff opposed the motion, arguing prejudice as the matter was scheduled for a non-jury trial imminently.

The court dismissed the motion, finding that while the delay was due to counsel's inadvertence, granting the motion would move the case to the back of the lengthy jury trial list, causing non-compensable prejudice and delaying justice for the plaintiff.

The plaintiffs were injured in a rear-end motor vehicle collision caused by a driver operating an uninsured vehicle with a suspended licence.

They commenced a separate action against an auto body shop and one of its partners, alleging liability based on a bailor/bailee relationship after the vehicle owner had left the vehicle at the shop for potential repairs.

The defendants moved for summary judgment, arguing no such relationship giving rise to liability existed.

The court concluded that the vehicle owner had effectively abandoned the vehicle and that, at most, a gratuitous bailment existed.

As there was no evidence of gross negligence by the auto shop, which would be required for liability under a gratuitous bailment, the action was dismissed.