Mooney v. Gordon Memorial Hospital District

After a bench trial resulting in an unfavorable verdict, Yvonne Mooney, the plaintiff, filed a motion for new trial, based on her allegation that the district court judge had not been fair and impartial. The court granted Mooney’s motion for new trial. The primary issues presented in this appeal are whether Mooney’s objection to the judge’s conduct was timely and, if so, whether Mooney’s allegations were sufficient to warrant granting her motion for new trial.

BACKGROUND

Mooney’s mother, Ada I. Hamilton, died in 1999 following a fall at the Gordon Community Care Center, where she resided.…