The plaintiff brought a motion to strike the defendants' jury notice on a provisional basis, arguing that the backlog of civil jury trials caused by the COVID-19 pandemic would result in prejudicial delay.
The defendants opposed the motion, arguing that a jury was best positioned to assess liability, credibility, and medical evidence regarding the plaintiff's alleged traumatic brain injury.
The court dismissed the motion, finding that there were no available dates for either jury or non-jury trials in 2023, making it speculative whether a non-jury trial would proceed substantially sooner.
