Dew v. Eho2002, LLC

9 So.3d 150 (2009) Mary DEW, et al. v. EHO2002, L.L.C., et al. No. 2009-CC-1150. Supreme Court of Louisiana. May 27, 2009. *151 Granted. It is well settled that the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture thereof. Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332 . Considering the totality of the circumstances in this case, we find relator properly preserved its right to a jury trial. Accordingly, the judgment of the trial court striking the jury is reversed and the jury trial reinstated. KNOLL, J., would deny.