Howes v. Kelly Services, Inc.

NEUMANN, Justice.

[¶ 1] In Howes v. Kelly Services, Inc., 2002 ND 131, ¶¶ 11-16, 649 N.W.2d 218, we held Kelly was entitled to rely upon prior demands for a nine-person jury by two co-defendants, even though both co-defendants were dismissed from the lawsuit before trial. We concluded the trial court abused its discretion in denying Kelly’s motion for a new trial on that issue, and we reversed and remanded for a new trial. Id. at ¶¶ 16, 18. On petition for rehearing, Howes claims the trial to a six-person jury was harmless error under N.D.R.Civ.P. 61 and Allen v. Kleven, 306 N.W.2d 629, 634…