DocketNumber: No. 514692
Judges: MIHALAKOS, J.
Filed Date: 8/8/1991
Status: Non-Precedential
Modified Date: 4/17/2021
Both the United States and Connecticut Constitutions CT Page 6872 guarantee the right to a jury trial in civil actions. Under the Connecticut Constitution, if there was a right to a trial by jury in 1818, when the Constitution was adopted, that right then remains intact. This right exists not only in cases which existed at common law and at the time of the adoption of the Constitutional provisions preserving it, but also in cases substantially, similar thereto, Skinner vs. Angliker,
As a general rule, jury trials may be denied in purely statutory proceedings — the test, however, is the nature of the issue, not whether the action is statutory. Windham Community Memorial Hospital vs. Windham,
Since DFR is imposed by statute, and since unions were not suable in 1818 because they did not exist, the defendant argues that a jury trial should be denied.
The Supreme Court in Ross v. Bernhard,
In Caputo v. National Ass'n. of Letter Carriers,
The first prong of the Ross (supra) test cannot be applied in this case because of the recent nature D.F.R. All cases have arisen after the merger of law and equity cases.
An analysis of the remedy sought in the complaint indicated that the claim is one for money damages rather than one sounding in equitable relief. Even if, however, an equitable claim was also made, there must still be a right to a jury trial on the legal claims which "must not be infringed by trying the legal issues as incidental to the equitable ones."
Recognizing that this case presents a close call as to the third prong, nonetheless a careful analysis indicated that the obvious complexities should not stand in the way of a CT Page 6873 jury trial.
This case certainly is not any more difficult than a myriad of cases constantly parading before our juries.
Motion to Strike is denied.
Mihalakos, J.