The plaintiffs brought a motion to strike the defendant's jury notice in a motor vehicle accident claim, arguing that the Covid-19 pandemic would indefinitely delay a jury trial.
The court granted leave to bring the motion, finding the pandemic constituted a substantial and unexpected change of circumstances.
However, the court dismissed the motion to strike the jury notice because the parties were not yet ready for trial.
Specifically, the defendant's psychiatric expert had not received all necessary raw data to complete his report, and a pre-trial conference remained outstanding.
The court vacated the upcoming trial dates and directed the matter to a trial management court.
