Merchant v. Forest Family Practice Clinic, P.A.
2011 Miss. LEXIS 386
| Miss. | 2011Background
- Merchant, as administratrix of Harris's estate, filed a medical malpractice suit against Dr. Lee and the Forest Clinic in Aug 2008.
- Three days before trial, Merchant moved to transfer venue due to Dr. Lee's prominence and Sheriff son; circuit court denied.
- Jury selection included expanded peremptory challenges; court instructed that Sheriff Lee's relation should not affect judgment.
- Trial concluded with a verdict for Dr. Lee and the Clinic; Final Judgment entered June 11, 2009.
- Merchant timely filed post-trial motions alleging juror misconduct based on an undisclosed patient relationship and extraneous information.
- Mississippi Supreme Court affirmed on some issues, but reversed and remanded for new trial on juror misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court abused its discretion in denying transfer of venue. | Merchant argued venue should be transferred due to undue influence and local familiarity. | Lee/Clinic argued venue was proper and the court acted within statutory discretion. | Denial of transfer venue affirmed. |
| Whether the circuit court abused its discretion in denying for-cause strikes. | Merchant contends more venirepersons should have been excused for cause. | Court properly weighed causes; parties had unused peremptories. | No reversible abuse; denial upheld. |
| Whether the circuit court abused its discretion in denying mistrial after reference to a lawsuit against Dr. Clark. | Merchant argued the comment and related factors tainted the trial. | Court sustained objection and instructed disregard; no mistrial warranted. | No abuse; trial court's decision affirmed. |
| Whether the circuit court erred in denying new trial based on juror misconduct. | Juror Lowden failed to disclose patient relationship and violated instruction; prejudice presumed. | Record showed instruction followed and jurors followed instructions; no prejudice. | Reversed and remanded for new trial due to juror misconduct. |
Key Cases Cited
- Brown v. Blackwood, 697 So.2d 763 (Miss. 1997) (due process and fair trial; impartial jury duty)
- Mariner Health Care, Inc. v. Estate of Edwards, 964 So.2d 1138 (Miss. 2007) (voir dire failure to reveal information; extraneous information evidence)
- T.K. Stanley, Inc. v. Cason, 614 So.2d 942 (Miss. 1992) (prejudice from withholding substantial information; standard for prejudice)
- Barker v. State, 463 So.2d 1080 (Miss. 1985) (voir dire; evaluation of withheld information for challenge)
- Mariner Health Care, Inc. v. Estate of Edwards, 964 So.2d 1138 (Miss. 2007) (voir dire failure to disclose information; extraneous information)