MidSouth Rail Corp. v. O'Connor

SULLIVAN, Presiding Justice,

for the Court:

MidSouth Rail Corporation appeals a judgment rendered against it in the First Judicial District of Hinds County for $70,000 in favor of Victor J. O’Connor following a retrial granted by the circuit judge after the first trial resulted in a jury verdict in favor of MidSouth Rail Corporation. The new trial was granted on the basis of a remark in defense counsel’s opening statement, to which plaintiffs counsel objected. The court had sustained the objection, and plaintiffs counsel did not ask for either a mistrial or that the jury be instructed to…