The defendant physician in a medical malpractice action moved to strike the jury notice due to trial delays caused by the COVID-19 pandemic.
The defendant argued that the 11-year delay and the stress of preparing for trial multiple times warranted proceeding by judge alone virtually.
The plaintiff opposed, citing significant physical and technological challenges with participating in a virtual trial due to his catastrophic spinal cord injuries.
The court dismissed the motion, finding the defendant failed to prove justice would be better served by dispensing with the jury, and adopted a 'wait and see' approach given the anticipated resumption of civil jury trials.