Cacioppo v. Hanover Insurance

PONDER, Judge.

This case is before the court on an application for writs of prohibition and mandamus to order the trial judge to grant a trial by jury.

Plaintiff’s petition for damages resulting from an automobile accident on August 22, 1978, was filed on December 13, 1978. Applicant’s answer was filed on March 9, 1979. Plaintiff filed an amended and supplemental petition on September 27, 1979. Applicant filed a supplemental and amending answer that alleged that plaintiff’s injuries were the result of an accident that occurred on December 13, 1973, not August 22, 1978; it made no reference to…