Caudill v. Mrs. Grissom's Salads, Inc.

OPINION

FONES, Justice.

Plaintiff’s complaint against defendants for personal injuries resulting from an automobile accident concluded with a prayer seeking compensatory damages of $225,-000 and demanding a jury to try the cause. Twenty-six (26) days later, prior to any responsive pleading, plaintiff filed an amendment deleting the last paragraph of the complaint and inserting a new paragraph wherein compensatory damages in the sum of $260,000 were sought with no reference to a jury demand.

The case was docketed as a jury case, was set for trial in the manner and upon a day set aside for jury…