Drumheller v. Fillinger

The dispositive issue in this ease was whether the defendants waived their right to a jury trial on damages, after defaulting on liability, by participating in a bench trial on damages without objection. The resolution of this simple issue is governed by our longstanding rule of law that “ ‘[t]he waiver [of jury trial] need not be in express words; but if it appears from the record that such waiver was intended by conduct of the parties it is sufficient.’ ” Stephenson v. Ashbum, 137 W.Va. 141, 144, 70 S.E.2d 585, 587 (1952) (quoting Salzer v. Schwartz, 88 W.Va. 569, 571, 107 S.E. 298, 299…