Pacifico v. Jackson

I disagree with the majority's statement of the issues and the characterization of the dissenting Justices' views on other issues not addressed. This case does not present a "narrow policy call" of no precedential value, but an important question as to the circumstances under which a Rule 60(b)(3), A.R.Civ.P., motion for relief from judgment should be granted due to the "fraud . . ., misrepresentation, or other misconduct of an adverse party."

On January 13, 1981, Dr. Albert D. Pacifico performed cardiac by-pass surgery on Dr. John M. Jackson. Dr. Jackson has never alleged that there was any…