The plaintiff brought a motion to amend the statement of claim to reduce the prayer for relief to an agreed-upon total of $152,500, continue the action as a simplified proceeding under Rule 76, and strike the jury notice.
The defendants opposed, arguing prejudice from the loss of a jury trial.
The court granted the motion, finding it in the interests of justice due to significant changes in the litigation, including the deaths of two original plaintiffs, the recent agreement on damages, and the benefits of a more expeditious and cost-effective resolution under simplified procedure, despite the substantive right to a jury trial.
