Segal v. American Casualty Co.

250 F. Supp. 936 (D. Md. 1966)

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Nature of the Case

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Facts

Segal (P) filed this action in a state court alleging injuries from a storm in Ocean City. It was removed to federal district court on April 3, 1963. American Casualty (D) filed their answer on November 25, 1964. P made a demand for a jury trial on June 29, 1965, under Rule 81(c) of the Federal Rules of Civil Procedure. Under Rule 38(b) the demand for a jury trial must be made no later than 10 days after the service of the last pleading. P contends that he would have been entitled to a jury trial even in the absence of any demand at all. P contends that Rule 81(c) removes the necessity of demanding a jury trial in federal court when a demand for jury trial was not required in the state court from which the case was removed. Local court rules required that a demand for a jury trial must be made at the preliminary call of the docket. P did not make that request in state court and waited over two years after the case was removed. D moved to strike P's demand.