Summary
The Supreme Court of Mississippi held that a successor judge lacked authority to vacate the original trial judge’s order granting a new trial because the successor judge was in an inferior position to assess the trial evidence and its prejudicial effect. The court reversed the successor judge’s order reinstating the jury verdict, reinstated the original order granting a new trial, and remanded for a new jury trial.
Topics
Practice areas
Questions Presented
- Whether a successor judge appointed after the presiding trial judge's recusal had authority to vacate the presiding judge's order granting a new trial.
- Whether exceptional and compelling circumstances under Mississippi Rule of Civil Procedure 60(b)(6) justified vacating the order granting a new trial.
Holdings
- A successor judge does not possess the power to vacate an initial judge's order granting a new trial when the successor judge sits in an inferior position to the judge who presided over the trial.
- The record did not establish exceptional and compelling circumstances warranting vacatur of the presiding judge's order granting a new trial.
Key quotations
“Accordingly, we hold that a successor judge does not possess the power to vacate an initial judge's order granting a new trial where, as here, the successor judge sits in an inferior position to the first judge.” (¶ 10)
“Thus, Judge Pickard was in a far superior position to determine the necessity of a new trial, and the trial court’s Order Granting New Trial and Setting Aside Judgment must be reinstated.” (¶ 11)
“For the reasons stated, the successor judge’s order granting Harris’s Motion for Relief from Order Granting New Trial is reversed, the presiding trial judge’s order granting a new trial is reinstated, and this case is remanded to the Circuit Court of Copiah County for a new jury trial on the merits.” (¶ 13)
Factual background
Myrtle Callendar, a resident of Pinecrest Guest Home, fell and fractured her hip at the nursing home and died approximately twenty-three days later. Harris alleged negligence, medical malpractice, fraud, breach of fiduciary duty, and wrongful death, including negligent supervision. At trial, Harris introduced a Mississippi Department of Health survey concerning a prior incident in which another resident left the nursing-home premises, seeking to establish notice of inadequate supervision. The jury found for Harris and awarded $750,000.
Procedural history
Harris sued Pinecrest after Myrtle Callendar fell at Pinecrest's nursing home, fractured her hip, and died approximately twenty-three days later. A jury returned a unanimous verdict for Harris and awarded $750,000. Judge Pickard granted Pinecrest a new trial, but after Judge Pickard recused himself, Special Judge Strong granted Harris relief from that order and reinstated the jury verdict. The Mississippi Supreme Court reversed the successor judge's order, reinstated the original order granting a new trial, and remanded for a new jury trial.
Remand instructions
Reverse the successor judge's order granting Harris's motion for relief from the order granting a new trial, reinstate the presiding trial judge's order granting a new trial, and conduct a new jury trial on the merits in the Circuit Court of Copiah County.