# Ferguson v. Strader

> Ohio Court of Appeals · February 22, 1994 · 94 Ohio App. 3d 622

URL: https://www.frixlaw.com/law-library/cases/3714521

## Case

- **Full name:** FERGUSON, Appellee, v. STRADER Et Al., Appellants
- **Court:** Ohio Court of Appeals
- **Decided:** February 22, 1994
- **Citations:** 94 Ohio App. 3d 622; 641 N.E.2d 728; 1994 Ohio App. LEXIS 646
- **Precedential status:** Published
- **Opinion:** Dissent by Koehler
- **Judges:** Young, Walsh, Koehler
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3714521

## Opinion text

Koehler, Presiding Judge,
dissenting.
The trial court, without objections from plaintiffs counsel and without hearing,
sua sponte
denied appellants’ right to a jury trial. There is no indication of any prejudice to any of the parties had a jury trial been permitted.
The jury demand was filed April 10, 1992, and was not denied until August 5, 1992 by a visiting judge. Trial was held on August 10, 1992.
In this state, a right to a jury trial is a cardinal principle of our judicial system, a principle which in many respects has been eroded. In this cause, in the absence of prejudice to any party, judicial expediency should yield to appellants’ right to have the cause decided by a jury. I believe the denial of appellants’ jury demand was an abuse of discretion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3714521. Public record. Not legal advice.