Bayer Corp. v. Reed
| Docket Number: | 2004-IA-01968-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-29-2006 Opinion Author: Waller, P.J. Holding: Affirmed and Remanded |
|
| Additional Case Information: |
Topic: Personal injury - Change of venue - Affidavit - Section 11-11-51 - Pre-trial publicity Judge(s) Concurring: Smith, C.J., Easley, Carlson and Randolph, JJ. Judge(s) Concurring Separately: Diaz, J., Specially Concurs With Separate Written Opinion, Joined by Easley and Graves, JJ. Dissenting Author : Cobb, P.J. Dissent Joined By : Dickinson, J. Concur in Part, Concur in Result 1: Graves, J., Concurs in Part and in the Result Without Separate Written Opinion Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 09-21-2004 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: The circuit court denied Bayer Corporation’s motion for a change of venue. Case Number: 2002-311 |
|
| Note: | Bayer Corporation's motion to strike Mary Reed's cross-designation of an issue for appeal and entry in the designation of the record is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Bayer Corporation |
CAROLYN ALLEEN McLAIN, GERALD H. JACKS, WILLIAM F. GOODMAN, III, ROBERT L. JOHNSON, III |
||
| Appellee: | Mary Reed | RICHARD JOSEPH PLEZIA, EDWARD BLACKMON, JR., PATRICK MALOUF, ROBERT FARLEY WILKINS |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Personal injury - Change of venue - Affidavit - Section 11-11-51 - Pre-trial publicity |
| Summary of the Facts: | Mary Reed filed suit against Bayer Corporation after seeing an attorney advertisement on television soliciting for Baycol users. It was not until after her lawsuit was filed that her new physician, Calvin Ramsey, M. D., diagnosed her with a Baycol-related injury. The Holmes County Circuit Court denied Bayer Corporation’s motion for a change of venue. Bayer filed a petition for interlocutory appeal which the Supreme Court granted. |
| Summary of Opinion Analysis: | Bayer presented evidence of numerous legal advertisements and pre-trial publicity (both in newspapers and on television), allegedly producing a litigious environment in Holmes County. The court denied the change of venue on the general basis of insufficient evidence but specifically faulted Bayer for failing to present a Holmes County citizen’s affidavit. Bayer argues that the circuit court, by requiring an affidavit from a Holmes County resident, has imposed an additional burden not required under Mississippi law. Section 11-11-51, which does not require such an affidavit, is clear and unambiguous. In addition, the Court’s recent decisions regarding change of venue in a civil action do not require such an affidavit. Although the court erred in requiring the affidavit, the error is harmless. Bayer’s fears of prejudice are merely conclusory allegations at this stage. Bayer has presented extensive evidence that there was pre-trial publicity regarding prescription medication in general; however, no evidence has been presented to link the publicity specifically with Bayer, Baycol or this particular lawsuit. Further, there is no evidence to indicate the extent of the effect any pre-trial publicity might have had on the venire. Thus, the circuit court was correct in denying the motion for change of venue because it was premature. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
