Last year I wrote in this post about the Mississippi Supreme Court’s decision in Merchant v. Forest Family Practice. This was the Scott County medical malpractice case where the Mississippi Supreme Court reversed a defense verdict due to juror misconduct.
After the first trial, a juror signed an affidavit that stated that another juror said during deliberations:
that he had been a patient of both Dr. Lee and Dr. Clark. That both were good doctors and that we the jury could not ‘let those attorneys keep taking money from our doctors.‘ and that he continued to refer to [the other lawsuit] in an attempt to persuade his fellow jurors to vote in favor of Dr. Lee. (emphasis added).
The re-trial was last week. I believe—but am not positive—that the court transferred venue and that the second trial was in Neshoba County. Regardless, the second trial resulted in a second defense verdict.
Sounds like it was the same lawyers as last time representing both sides. Shane and Rebecca Langston for the plaintiff and a team of Watkins Eager lawyers for the defense. Judge Marcus Gordon was the trial judge.