Opinion
No. CV 01-0454482 S
October 21, 2003
MEMORANDUM OF DECISION
An amended complaint was filed by the plaintiff in the above matter on July 28, 2003. Defendant Cowles and Connell of Connecticut Inc. on September 8, 2003 filed an answer and special defenses. On September 12, 2003 a claim for a jury trial was filed which was dated as received by the court on September 16, 2003. On October 3, 2003 defendant Great American Insurance Company of New York filed an answer and special defenses.
The defendant Cowles and Connell on September 26, 2003 filed an objection to the claim for a jury trial. On October 1, 2003 defendant Great American filed a motion to strike the jury claim. Both defendants claim no new issues of fact are introduced in the amended complaint, and therefore this jury claim should be stricken to expedite the trial of the disputed issues in this case.
In Bradley v. Randall, 63 Conn. App. 92, 95, it was, held that the trial court in ruling on the motion to strike from the jury claim should articulate the reasons for the decision. That decision relied upon Javit v. Marshall's Inc., 40 Conn. App. 261, 266 as authority to permit a claim for a jury trial if new issues are introduced by the amended pleadings.
The request for permission to file the amended complaint dated July 24, 2003 alleges the purpose of filing the second amendment of the complaint was to assert new claims based upon newly discovered facts. A comparison of the amended complaint with the prior complaint does disclose new facts and claims pertaining to the actions of the defendant Great American. New issues are alleged by the plaintiff.
This court concludes the claim for a jury trial is timely pursuant to § 52-215 of the Connecticut General Statutes.
Howard F. Zoarski Judge Trial Referee