The plaintiffs, who suffered catastrophic injuries in a motor vehicle accident, brought a motion to strike the jury notice due to the suspension of civil jury trials during the COVID-19 pandemic.
The defendants brought a cross-motion to adjourn the trial because the pandemic interfered with their ability to obtain responding medical reports.
The court granted the adjournment for six months to allow the defendants to obtain their medical assessments.
However, the court also struck the jury notice, finding that the indefinite delay of jury trials would cause undue financial prejudice to the plaintiffs, whose accident benefits were nearly exhausted.