Johnson v. ST. DOMINICS-JACKSON MEM. HOSP.

967 So. 2d 20, 2007 WL 3104953
CourtMississippi Supreme Court
DecidedOctober 25, 2007
Docket2006-CA-01696-SCT
StatusPublished
Cited by55 cases

This text of 967 So. 2d 20 (Johnson v. ST. DOMINICS-JACKSON MEM. HOSP.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. ST. DOMINICS-JACKSON MEM. HOSP., 967 So. 2d 20, 2007 WL 3104953 (Mich. 2007).

Opinion

967 So.2d 20 (2007)

Bobbie JOHNSON
v.
ST. DOMINICS-JACKSON MEMORIAL HOSPITAL.

No. 2006-CA-01696-SCT.

Supreme Court of Mississippi.

October 25, 2007.

*21 Hiawatha Northington, II, attorney for appellant.

Sharon F. Bridges, John E. Wade, Jr., Jonathan R. Werne, Jackson, attorneys for appellee.

Before WALLER, P.J., EASLEY and CARLSON, JJ.

WALLER, Presiding Justice, for the Court.

¶ 1. Bobbie Johnson filed suit against St. Dominic-Jackson Memorial Hospital ("St. Dominic") alleging the negligence of its nurse in administering a shot which caused necrosis in an area of her soft tissue and, after treatment, left a scar and caused her pain and suffering. The Circuit Court of the First Judicial District of Hinds County entered judgment in favor of St. Dominic, consistent with the jury's verdict, from which Johnson now appeals. Having found sufficient evidence to support the verdict of the jury and determined that the trial judge properly did not reconvene the jury after receipt of an ex parte communication from a juror, we affirm.

FACTS

¶ 2. While recovering from gallbladder surgery at St. Dominic, Johnson began to *22 experience nausea and vomiting. Her doctor prescribed 25 mg. of phenergan to be given by intramuscular injection. A nurse administered the injection. Sometime thereafter, the tissue around the injection site became inflamed and ultimately necrotic, requiring debridement of the area and skin grafting. The skin grafting and debridement left a visible scar, and, according to Johnson, the entire incident caused pain and suffering.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED BY DENYING BOBBIE JOHNSON'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, OR IN THE ALTERNATIVE, FOR A NEW TRIAL.

A. Motion for Judgment Notwithstanding the Verdict.

¶ 3. The standard of review for denial of a motion for judgment notwithstanding the verdict (JNOV) is de novo as to the law applied by the trial court judge as well as the evidence presented during trial. The legal sufficiency of the evidence, and not the weight of the evidence, is tested in a motion for JNOV. White v. Yellow Freight System, Inc., 905 So.2d 506, 510 (Miss.2004) (citing Tharp v. Bunge Corp., 641 So.2d 20, 23 (Miss.1994)). "If there is substantial evidence in support of the verdict we will affirm the denial of the JNOV." Natchez Elec. Supply Co. v. Johnson, ___ So.2d ___, ___, 2007 WL 2495311 *1, *3 (Miss. Sept.6, 2007). "`Substantial evidence' is information of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might have reached different conclusions." Id. at ___, at *4. All evidence must be viewed by this Court in a light most favorable to support the verdict. Canadian Nat'l/Ill. Central R. Co. v. Hall, 953 So.2d 1084, 1089 (Miss. 2007); Natchez Elec. & Supply Co., ___ So.2d at ___, 2007 WL 2495311 at *4.

¶ 4. The basis of Johnson's claim is that St. Dominic was negligent, through its nurse Kattie Minor, by using the wrong length needle and failing to utilize the "z-track" method[1], in administering the phenergen injection to Johnson, which resulted in a wound, further medical treatment, and ultimately a permanent scar.

¶ 5. Nurse Minor initially stated during her deposition that she used a one-inch needle. At trial, she testified that her deposition testimony was incorrect and she actually used a one-and-one-half-inch needle. St. Dominic provided testimony that a one-and-one-half-inch needle was the standard of care and the only size needle dispensed on that unit.

¶ 6. As to Johnson's second substantive allegation that no jury could have found that the z-track injection method was unnecessary, Johnson's expert testified that even if the nurse in question had used the z-track technique advocated by Johnson, the patient could not have been assured a different outcome. Further, Johnson's expert could point to no literature that set forth a directive that specifically stated that phenergan should be administered using the z-track method. St. Dominic's expert provided evidence that the drug manufacturer did not specify use of the z-track technique in the administration of its product, phenergan. St. Dominic's expert testified that the z-track method was not the standard of care for intramuscular phenergan injections.

¶ 7. This Court cannot reverse the judgment on the ground that insufficient evidence *23 exists to support a jury verdict relative to the length of the needle or the method of administering the injection. We find that sufficient testimony supported the jury's verdict for St. Dominic.

B. Motion for a New Trial.

¶ 8. The standard of review on a motion for a new trial is abuse of discretion. Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997). The weight of the evidence, rather than the legal sufficiency, is tested in a motion for a new trial. "When reviewing a denial of a motion for a new trial based on an objection to the weight of the evidence, we will only disturb a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice." Bush v. State, 895 So.2d 836, 844 (Miss.2005) (citing Herring v. State, 691 So.2d 948, 957 (Miss. 1997)); see Lift-All Co. v. Warner, 943 So.2d 12, 15 (Miss.2006). Our role of reviewing a challenge to the weight of the evidence is that of a thirteenth juror.[2]Bush v. State, 895 So.2d at 844.

¶ 9. The evidence reviewed, however, ought to be weighed in the light most favorable to the verdict. Herring v. State, 691 So.2d 948, 957 (Miss.1997). "[I]f the jury verdict is supported by the substantial weight of the evidence, it should not be set aside." Lift-All Co. v. Warner, 943 So.2d at 15. "This Court shall reverse a trial judge's denial of a request for new trial only when such denial amounts to a[sic] abuse of that judge's discretion." Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997) (quoting Shields v. Easterling, 676 So.2d 293, 298 (Miss.1996) (further quoting Bobby Kitchens, Inc. v. Miss. Ins. Guar. Ass'n, 560 So.2d 129, 132 (Miss.1989))).

¶ 10. A jury's verdict is given great deference by this Court, and "conflicts of evidence presented at trial are to be resolved by the jury." Lift-All Co. v. Warner, 943 So.2d at 16; Blossman Gas, Inc. v. Shelter Mut. Gen. Ins. Co., 920 So.2d 422, 426 (Miss.2006); Venton v. Beckham, 845 So.2d 676, 687 (Miss.2003) (citing Jackson v. Griffin, 390 So.2d 287, 289 (Miss.1980)). Only if the plaintiff makes a strong case for error by the trial court is this Court free to reverse the trial court's denial of a motion for a new trial. The verdict must be contrary to the substantial weight of the evidence in order to warrant a reversal of the verdict and a new trial. Blossman Gas, Inc. v. Shelter Mut. Gen. Ins. Co., 920 So.2d at 424. This verdict does not, as in Blossman, shock the conscience or rest on a complete lack of evidence. Id. at 426-27.

¶ 11. The jury was free to accept or reject any or all of the testimony and evidence presented. The jury chose to accept the testimony that supported St. Dominic and rendered a verdict in its favor. This Court finds that the overwhelming weight of the evidence is not contrary to the jury's verdict for St. Dominic.

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Cite This Page — Counsel Stack

Bluebook (online)
967 So. 2d 20, 2007 WL 3104953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-st-dominics-jackson-mem-hosp-miss-2007.