Harris v. Pinecrest, LLC


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Docket Number: 2007-M-01622-SCT
Supreme Court: Opinion Link
Opinion Date: 08-05-2010
Opinion Author: Carlson, P.J.
Holding: Reversed and Remanded
Additional Case Information: Judge(s) Concurring: Waller, C.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ.
Non Participating Judge(s): Kitchens, J.
Concurs in Result Only: Graves, P.J.
Procedural History: Jury Trial; JNOV; Judicial Recusal
Nature of the Case: CIVIL - WRONGFUL DEATH
Trial Court: Date of Trial Judgment: 08-27-2007
Appealed from: Copiah County Circuit Court
Judge: Lamar Pickard
Disposition: A Copiah County jury found unanimously for Harris and awarded damages of $750,000, and the trial court entered its judgment consistent with the jury verdict. Pinecrest filed its Motion for judgment notwithstanding the verdict (JNOV) or, alternatively, for a new trial or, in the further alternative, for remittitur. The trial court denied the motion for JNOV but granted the motion for a new trial. Harris filed a motion for recusal of the trial judge, who recused; therefore, this Court appointed a special judge to preside over the remainder of the proceedings in this case. Harris subsequently filed her motion for relief from order granting new trial, which the special judge granted, thus reinstating the jury verdict.
Case Number: 2002-0670
  Consolidated: Consolidated with 2006-CA-00329-SCT Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the Use and Benefit of the Estate of Myrtle R. Callendar, and for the Use and Benefit of the Wrongful Death Beneficiaries of Myrtle R. Callendar v. G. Ron Guins and Ellen B. Harrigill; Copiah Circuit Court; LC Case #: 2002-0670; Ruling Date: 02/06/2006; Ruling Judge: Lamar Pickard; Consolidated with 2009-CA-00433-SCT; Pinecrest, LLC and Mastercare, Inc. v. Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the Use and Benefit of the Estate of Myrtle Callendar, and for the Use and Benefit of the Wrongful Death Beneficiaries of Myrtle Callendar; Copiah Circuit Court; LC Case #: 2002-0670; Ruling Date: 09/29/2008; Ruling Judge: David Strong, Jr.
  Party Name: Attorney Name:  
Appellant: Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the use and benefit of the Estate of Myrtle Callendar, and for the use and benefit of the wrongful death beneficiaries of Myrtle R. Callendar




 CHARLES R. WILBANKS, JR., EUGENE A. SIMMONS, MATTHEW ROBERT DOWD, JAMES D. SHANNON



  
Appellee: Pinecrest, LLC, Mastercare, Inc. and Pinecrest Facilities, Inc., John Does 1 through 10 and Unidentified Entities 1 through 10 (as to Pine Crest Guest Home) ANTHONY LANCE REINS, CAMERON CHRISTOPHER JEHL  


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