Schweich v. Ziegler, Inc.

I respectfully dissent. The right to trial by jury is expressly preserved by the Bill of Rights of both the United States Constitution and the Minnesota Constitution. U.S.Const, amend. VII; Minn. Const, art. I, § 4. The majority, however, arrogating unto itself the role of factfinder, has found *736waiver of that constitutional right despite written notice, served and filed, of the expectation of all three defendants that the facts of this case would be found by a jury.

The trial notice issued in response to the plaintiffs note of issue demanding a court trial was accompanied by a pre-trial…