Here is some more information on yesterday’s $2.2 million verdict in Hinds County that was the subject of this post.

The jury deliberated for 45 minutes. Judge Winston Kidd presided in the case. Mark Caraway with Wise Carter in Jackson represented CMMC. Lance Stevens of Jackson represented the plaintiff.

CMMC’s main defense was that there was no contract. CMMC lost this issue on summary judgment, but plans to appeal the decision.

CMMC also believes that it was denied a fair trial because the court did not grant a continuance. The basis for the continuance request was that CMMC’s main fact witness was recently diagnosed with cancer and is currently experiencing the ravages of chemotherapy. The witness was hospitalized the morning that the trial started due to injuries sustained in a fall.

My Take:

Sounds like this was a swearing match case. A doctor is almost always going to win a swearing match. Even when he is the plaintiff. I believe that this is because Americans are indoctrinated from birth to trust their doctor. This carries over into the courtroom.

Here, the doctor and hospital disputed whether a contract existed. The doctor is going to win this type of swearing match most of the time regardless of whether he is the plaintiff or defendant in the case and whether there are holes in his story.

I reject cases all the time because they are going to come down to a swearing match between the doctor and patient over what was said and happened. I feel like I have better odds in a casino that on winning a swearing match against a doctor.

CMMC’s argument on appeal will likely be that the existence of a contract was a question of law and the trial court got the ruling on this issue wrong. That would take the doctor swearing match out of play.