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NISSAN MOTOR CORP. IN U.S.A. v. BURCIAGA

No. 92-2124.

982 F.2d 408 (1992)

NISSAN MOTOR CORPORATION IN U.S.A., et al., Petitioner, v. Juan G. BURCIAGA, District Judge, Respondent, Marina M. Sears, Individually and as Personal Representative of the Estate of Jeffrey Sears, Deceased, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

December 8, 1992.

Attorney(s) appearing for the Case

R.E. Thompson and Charles A. Armgardt of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, and P. Michael Jung of Strasburger & Price, L.L.P., Dallas, TX, for petitioner.

Dennis K. Wallin and Terry M. Word, Albuquerque, NM, for real party in interest.

Before TACHA, BRORBY, and KELLY, Circuit Judges.

PER CURIAM.

Petitioner seeks relief from this court in the form of a writ of mandamus compelling the district court to grant its request for a jury trial. Initially, we note that mandamus is appropriate relief when it is necessary to protect the right to a jury trial. Dairy Queen, Inc. v. Wood, 369 U.S. 469, 472, 82 S.Ct. 894, 897, 8 L.Ed.2d 44 (1962).

No party to the underlying products liability action requested a jury...

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