Gonzales v. Nork

Opinion

TOBRINER, Acting C. J.

Defendant Nork alone appeals from a judgment for plaintiff, contending inter alia that the trial court abused its discretion in denying his motion for relief from waiver of jury trial. Codefendant Mercy Hospital, the only party to claim the jury, waived jury trial in the early afternoon of July 23, 1973; Nork did not move for relief from jury waiver until the following morning. As a result of this delay, at the time of Nork’s motion the parties had already argued issues relating to special defenses to the trial judge as a trier of fact, giving rise to the…