CLEVELAND v. HAMIL

No. 2010-CT-01527-SCT.

119 So.3d 1020 (2013)

Ken E. CLEVELAND, George T. Smith-Vaniz, M.D., and Jackson HMA, Inc., d/b/a Central Mississippi Medical Center v. Lanell HAMIL, Individually and on behalf of the Wrongful Death Beneficiaries of Emmett O. Hamil, Deceased, Who are Entitled to Recover Under the Wrongful Death and Survival Statute.

Supreme Court of Mississippi.

August 8, 2013.



ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice, for the Court:

¶ 1. At trial in this medical-negligence case, the plaintiff's only expert abandoned his pretrial opinion and — over the objection of the defendant — testified to a new opinion that was never disclosed in discovery. The Court of Appeals reversed and remanded for a new trial. But because the trial court should have granted a judgment notwithstanding the verdict, we...

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