Gonzalez v. Mercy Hospital, Inc.

On Motion for Rehearing and Clarification

COPE, J.

By a motion for rehearing, Mercy Hospital presses its claim that the issues on which this-court has reversed the judgment were not properly preserved for appellate review. We disagree and adhere to the previously-issued opinion.

For present purposes, we need only address plaintiffs’ first, and third, motions for mistrial.1 During plaintiffs’ direct examination of two of its principal witnesses, the trial court interrupted to comment, within the hearing of the jury, regarding what the evidence had, and had not, shown. The court in each case then…