DocketNumber: No. CV 94 120992
Citation Numbers: 1998 Conn. Super. Ct. 2444, 21 Conn. L. Rptr. 369
Judges: SHORTALL, JUDGE.
Filed Date: 2/4/1998
Status: Non-Precedential
Modified Date: 4/17/2021
This case had been claimed for the jury list on August 8, 1994. There is no dispute about that. Nor does there appear to be any question that the claim should have been filed by no later than July 21, 1994. So, the claim was filed 18 days late, over three years ago. In these circumstances should I exercise my undoubted discretion to allow the case to proceed as a jury case? Falk v. Schuster,
I believe that I should. In the defendant's motion to strike no mention is made of prejudice arising from its claimed ignorance or the plaintiff's claim for a jury trial, and I can imagine none. Where cases are properly triable by a jury they should be so tried even though there has been a marginally untimely claim, as in this case.
Accordingly, the defendant's motion to strike the case from the jury docket is denied.
BY THE COURT
Shortall, Judge
CT Page 1692