Marra v. Smithkline Beecham Corp.

¶ 1 In this appeal we must decide whether a plaintiff may voluntarily discontinue a case where the discontinuance ultimately allows the plaintiff to avoid a previous jury trial waiver. We hold that under the applicable rules of civil procedure, a plaintiff may voluntarily discontinue a case so long as the discontinuance does not subject any party to unreasonable inconvenience, vexation, harassment, expense, or prejudice, even where the effect of the discontinuance is to avoid a previous jury trial waiver. Accordingly, we affirm.

¶ 2 The trial court set out the relevant facts and procedural…