The defendant in a medical malpractice action brought a motion at the outset of trial to strike the plaintiffs' jury notice.
The defendant argued that the complex scientific evidence relating to the minor plaintiff's rare metabolic disorder and the issue of causation made the case unsuitable for a jury.
Applying the principles from Kempf v. Nguyen, the court declined to strike the jury notice prior to trial, opting instead for the preferred 'wait and see' approach.
The motion was dismissed with leave to renew after the evidence is completed.
