Tesky v. Tesky

The issue presented is whether a plaintiff who waived a jury trial at the first trial is entitled as a matter of right to have his case be decided by a jury on retrial because a modification in the applicable law introduced a new, disputed question of fact into the case. The trial court and the court of appeals held that the plaintiff was not so entitled. We disagree and, accordingly, we reverse.

American Structural Systems, Inc., one of the defendants in this action, owned a fleet of vehicles which it insured under a policy issued by State Farm Mutual Automobile Insurance Company. In January,…