1st Lt. Jerome M. Pradier v. Jose Martin Elespuru and Luis Basterrechea D/B/A Basterrechea Distributing Company

Defendants appeal from the district court’s verdict for plaintiff in this personal injury action arising from an automobile accident in Oregon. Jurisdiction was based on diversity of citizenship. Appellants contend that the district court erred in denying a jury trial, and that the evidence did not support certain elements of the trial court’s damage award. We reverse and remand for a new trial by jury, and therefore do not reach the damage question.

Plaintiff requested a jury trial in the first and last sentences of the body of his complaint, but did not include the words “Demand for Jury Trial” or their equivalent in the caption. Plaintiff’s attorney also checked the box indicated for a jury demand on the civil cover sheet normally filed at the commencement of an action. Defendants’ answer initially made no reference to a jury trial, but over a month later an amended answer was filed that included a jury demand in the caption. Plaintiff consented to the filing of the amended answer and jury demand. Subsequently, in conjunction with defendants, plaintiff submitted a pretrial order stating that the jury trial demand was timely. ‘

At the commencement of the trial over a year…