Doe v. Cutter Biological

KLEES, J., concurring. By failing to timely object to the trial court’s decision to render a determination of the prescription issue, relators waived a jury trial on that issue. I therefore concur in the result reached by the majority. However, I disagree with the majority’s statement that a prescription issue is properly tried to a court, and not to a jury. As evidenced by the jurisprudence cited by respondent, the issue of prescription may be tried by a jury where factual issues are involved.