Callahan v. Anheuser-Busch, Inc.

I disagree with the majority’s conclusion that the plaintiff lost her right to trial by jury because the trial had commenced before counsel had deposited the additional jury costs. Pursuant to the jury trial bond order, La.C.C.P. Art. 1733 and La.R.S. 13:3105, plaintiff’s counsel timely filed the cash bond. On the morning of trial counsel had the check to cover the jury costs, but two pre-trial conferences were held and the judge took the bench and called the matter for trial three minutes thereafter. The jury panel was immediately sworn.

Prior to voir dire the trial judge asked for counsel’s…