The plaintiffs brought a motion to strike the defendant's jury notice in a motor vehicle accident claim due to severe trial delays caused by the COVID-19 pandemic.
The court granted leave to bring the motion after the action was set down for trial, finding the pandemic constituted a substantial change in circumstances.
The court provisionally struck the jury notice to prevent prejudice to the 83-year-old plaintiff, ordering that the trial proceed by judge alone unless civil jury trials have resumed when the case is called.
