The plaintiff brought a motion to strike the defendant's jury notice due to significant trial delays caused by the COVID-19 pandemic.
The plaintiff argued that waiting for a jury trial would cause substantial financial prejudice, as his future income loss would convert to past income loss subject to statutory deductions.
The court found that the practical reality in the Central East Region meant a jury trial would be delayed until at least late 2022, whereas a judge-alone trial could proceed much sooner.
The motion was granted and the jury notice was struck to ensure the timely delivery of justice.
