Kimberly A. Jossul

The plaintiff brought a motion to strike their own jury notice in a civil action for damages arising from sexual assault.

The trial had been adjourned due to the suspension of civil jury trials during the COVID-19 pandemic.

The court granted the motion, finding that the inevitable delay in rescheduling a jury trial would cause actual prejudice and emotional harm to the plaintiff, and that justice would be better served by allowing the matter to proceed promptly by judge alone.

The defendants sought costs for a WSIAT hearing and for the conduct of the action, having previously made an all-inclusive offer to settle for $10,000.

The plaintiffs had significant success on the motion, successfully arguing that the costs of the WSIAT proceeding should not be awarded and achieving a significant reduction in the fees claimed by the defendants.

Finding that success was divided, the court made no order as to costs of the motion.