The plaintiff sought leave to amend the statement of claim to limit damages to $200,000 (the statutory minimum insurance limit) and continue the action under simplified procedure.
The defendant insurer opposed the motion, arguing it was premature and that the loss of the right to a jury trial constituted non-compensable prejudice.
The court granted the amendment, finding that the defendant failed to demonstrate non-compensable prejudice and that the defendant's own pleading acknowledged the $200,000 limit and simplified procedure applicability.
The jury notice was struck as a necessary consequence of proceeding under simplified procedure.
