DocketNumber: No. CV88 0093900 S
Judges: MOTTOLESE, JUDGE. CT Page 3324
Filed Date: 4/4/1991
Status: Non-Precedential
Modified Date: 4/18/2021
Whether a party has waived his right to a jury trial presents a question of fact for the trial court. Krupa v. Farmington River Power Company, supra. The facts are clear from Anthony Pellicci's deposition that he did not read the documents before he signed them and it also discloses that even if he had he would not have understood the jury waiver provision anyway. Other facts material to the determination of waiver are:
a. Anthony Pellicci has spent his entire adult life working or managing the restaurant in connection with which the documents were signed;
b. He was not coerced or pressured into signing;
c. He was not in a "no real choice" situation;
d. The waiver provisions, especially in the guarantees, were not in obscure locations or written in fine print. Feldman Son Ltd. v. Checker Motor Corp.,
MOTTOLESE, Judge