Davis v. Pennsylvania National Life Insurance

MILLER, J.,

When the plaintiff is permitted to amend his complaint, not to add new counts but to make more specific factual allegations and plead punitive damages, may the plaintiff then successfully request a jury trial in that amended complaint after he has filed three pleadings where a jury trial was not demanded and when a non-jury trial is scheduled in two weeks?

On March 22, 1988 plaintiff filed a complaint for breach of an employment contract and defamation. On December 29, 1989 and on March 1, 1990 plaintiff filed the certificates of readiness, the first having been stricken. Plaintiff…