Jerome v. William A. Reid Construction Ltd.

WALDEN, Judge.

Plaintiff sued defendants for money damages. Her complaint was in two counts. At the end of the Complaint, that being at the conclusion of Count II, there were these final words, “and demands Trial by Jury.”

The trial court refused jury trial to plaintiff on Count I and tried the cause non-jury with the result being the dismissal of Count I on the basis that plaintiff had failed to sustain the material allegations of her complaint.

Although the right to a jury trial on Count II was recognized, the issues did not reach that stage as the trial court earlier entered summary judgment…