The plaintiffs brought a motion to strike the defendants' jury notice in a motor vehicle accident claim due to systemic delays caused by the COVID-19 pandemic.
The plaintiffs, who were approximately 70 years old, argued that waiting for a jury trial would cause significant delay and prejudice.
The court applied recent appellate authority and found that the uncertainty of securing a jury trial date, combined with the plaintiffs' age and the relative expedience of a judge-alone trial, warranted striking the jury notice.
The motion was granted.
