Mississippi Litigation Review & Commentary : Mississippi Personal Injury Lawyer & Attorney : Phillip W. Thomas Law Firm : MS Litigation Review & Commentary

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On Thursday Hancock County Circuit Court Judge Lisa Dodson declared a mistrial in a Hurricane Katrina wind vs. water trial between Coastal Hardware and Lloyd's of London. The reason for the mistrial was that the jury could not hear the witnesses due to acoustic problems in the courtroom in the recently renovated Hancock County courthouse. I discussed the problems in this post last year.

It's my understanding that in the trial last week Judge Dodson questioned jurors after a juror complained of not being able to hear the witnesses. Several other jurors admitted to having trouble hearing the witnesses. One juror said that they could hear every few words. As a result, Judge Dodson ordered a mistrial.

Former Southern District U.S. Attorney Brad Pigott represents the plaintiff. Whit Johnson of Currie Johnson in Flowood and Atlanta lawyers represent Lloyd's.

The trial will be re-set in October with a Hancock County jury. But the trial will take place at the Harrison County Courthouse in Gulfport.

It is reported that of the four Circuit Judges who cover Hancock County, three already refused to hold trials in the courtroom because of the acoustic problems. But after this latest mistrial, I would be surprised if any of the judges will hold jury trials in the courtroom until the problems are fixed.

More importantly, this raises due process questions about prior trials in the courtroom—particularly prior criminal trials. I hear that there have been two criminal convictions in trials held in the courtroom.  There is nothing to suggest that the experience with the jury last week was unique. This means that juries in the previous criminal trials likely also had trouble hearing witnesses. How would you like to be sitting in Parchman based on a conviction where jurors could not hear due to acoustic issues? This could create some interesting issues for the Mississippi Supreme Court to grapple with.

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I have a report of a $1.1 million jury verdict returned Wednesday in Hinds County Circuit Court in a case tried before Judge Winston Kidd.

The reported facts are that it was a wrongful death case. The decedent had stomach ulcer surgery and was released from the hospital. After discharge the ulcer hemorrhaged, causing the death. I assume that the plaintiff alleged that the surgery was not properly completed and the decedent should not have been released from the hospital.

Alton Peterson was the plaintiff's lawyer. Defense lawyers were Whit Johnson, Stephen Kruger and Marc Caraway. I do not yet know the identity of the parties.

I will post an update if I obtain more information.

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I've heard that in recent weeks there was a medical malpractice trial in Madison County Circuit Court with Judge Samac Richardson presiding. During the trial one of the jurors started having a seizure or some similar type of medical emergency.

At the time, Plaintiff's doctor expert was on the witness stand. The witness doctor froze. Meanwhile, the Defendant doctor rushed to the jury box to provide assistance to the sick juror.

Needless to say, Judge Richardson had to order a mistrial. I wonder who would have won after that episode?

I would love to get more information on this trial, so please contact me if you can verify this story or provide more details. I do not reveal the names of sources in posts if the source does not want me to.

Medical malpractice defense lawyers are more secretive than the CIA about their trials, most of which they win. What ever happened to self-promotion?

Update: John Christopher represented the plaintiff and Whit Johnson with Currie Johnson represented the defendant.