Yon v. ALL AMERICAN TRANSPORT CO., INC.

Plaintiffs commenced an action based on defendants’ alleged negligence. Leo Yon sought damages for severe and permanent injuries, and Charlotte Yon sought damages for loss of consortium. On December 1, 1975, defendants filed their answer denying liability. At this time, they also filed a jury demand.

On May 17, 1979, at a settlement conference held in the judge’s chambers one hour before trial was to begin, it was discovered that the jury fee had not been paid. Plaintiffs offered to pay the fee, but the trial judge refused. The trial court stated that it would accept the fee from defendants’…