Adopting standards for determining when misconduct of an adverse party is a basis for overturning a jury verdict, the South Dakota Supreme Court has ordered a new trial in an appeal handled by Davenport Evans.
In Corcoran v. McCarthy, the jury awarded $580,000 to the plaintiff in a personal injury lawsuit arising from a motor vehicle accident. After the trial, defense lawyers learned the plaintiff had not disclosed certain medical records dealing with preexisting psychological problems, even though any such records had been requested. The defendants asked the trial court to set aside the verdict based on “misconduct of an adverse party,” as allowed by South Dakota law.
The trial court initially granted the motion and ordered a new trial on damages, but vacated its order after the plaintiff asked it to reconsider its ruling. Davenport Evans was hired to handle the appeal to the Supreme Court.
In an opinion released this week, the Court ruled 4-0 in favor of the firm's clients and ordered a new trial on damages. In so doing, it adopted standards for showing misconduct under South Dakota law. It concluded that the plaintiff's failure to disclose the medical records substantially interfered with the defendants’ ability to fully and fairly prepare and present their case because they were "highly relevant" to the nature and extent of the plaintiff's claimed damages.
The appeal was handled by Davenport Evans attorneys Tim Gebhart and Ed Evans.