The plaintiffs brought a motion to strike the defendant insurer's jury notice, arguing that the COVID-19 pandemic would cause indefinite delays for a civil jury trial.
The action arose from a 2014 motor vehicle accident involving an uninsured motorist.
The court granted leave to bring the motion under Rule 48.04(1), finding the pandemic constituted a substantial and unexpected change in circumstances.
However, the court dismissed the motion to strike the jury notice, adopting a 'wait and see' approach.
The court noted that the Central East Region had established a running civil trial list and was making efforts to accommodate in-person jury trials, making it premature to conclude that retaining the jury would cause disproportionate delay.
