Bandy v. Vick (Majority, with Dissenting)
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The Supreme Court reversed the judgment of the circuit court in favor of Plaintiff in this medical malpractice case, holding that the circuit court erred by striking and removing Defendants' constitutional right to a jury trial.
Plaintiff filed a complaint alleging medical negligence against Defendants. The complaint included a demand for a jury trial. Defendants' answer also contained a demand for a jury trial. The circuit court struck Defendants' request to a jury trial as a sanction for failing to comply with its scheduling order's mediation requirement. After Plaintiff waived her right to a jury trial the matter proceeded to trial as a bench trial. The court entered judgment in favor of Plaintiff in the amount of $821,635. The Supreme Court reversed, holding that the circuit court lacked the authority to divest Defendants of their fundamental constitutional right to a jury trial.
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