The plaintiffs brought a motion to strike the defendant's jury notice in a personal injury action arising from a motor vehicle accident.
The plaintiffs argued that the anticipated expert evidence was too complex for a jury and that the COVID-19 pandemic would cause undue delay.
The court dismissed the motion as premature, adopting a 'wait and see' approach, noting that the trial was not scheduled until September 2021 and the trial judge retains discretion to strike the jury if necessary.
