Fulgham v. West

Summary

The Alabama Supreme Court denied James Troy West’s petition for a writ of mandamus seeking to compel transfer of his automobile-accident case to the jury-trial docket. The court held that West waived his right to a jury trial by failing to make a timely demand and could not rely on his codefendant’s later jury demand under Rule 38(b), Ala. R. Civ. P.

Holdings

1. A party who fails to demand a jury within the time allowed by Rule 38(b) may not rely on a subsequent jury demand made by a codefendant.
2. West's May 5, 2000, jury demand was untimely because he was required to demand a jury within 30 days after filing his September 9, 1999, answer.

Questions Presented

1. Whether West could rely on his codefendant Allstate's jury demand even though West had already answered without making his own demand.
2. Whether West's May 5, 2000, jury demand was timely under Rule 38(b), Ala. R. Civ. P.
3. Whether the Tuscaloosa Circuit Court improperly denied West's motion for a jury trial so as to warrant mandamus relief.

Disposition

writ_denied