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Winkler v. Bethell6/16/2005
ed in favor of Baptist Health and Reciprocal of America on July 12, 2002.
For his second point on appeal, the appellant claims that the circuit court erred in dismissing Baptist Health and Reciprocal of America from the refiled suit on the ground of res judicata. The doctrine of res judicata bars relitigation of a subsequent suit when (1) the first suit resulted in a final judgment on the merits; (2) the first suit was based on proper jurisdiction; (3) the first suit was fully contested in good faith; (4) both suits involve the same claim or cause of action; and (5) both suits involve the same parties or their privies. State Office of Child Enforcement v. Willis, supra. Here, the claims and parties in the first suit are identical to those in the second suit. Additionally, the circuit court had jurisdiction over the first suit and entered a dismissal with prejudice on the appellant's claims against Baptist Health and Reciprocal of America when it granted summary judgment in their favor. Once again, for the reasons stated earlier in this opinion, the summary-judgment order became final on August 14, 2002, when the appellant nonsuited his claims against the remaining defendants. Accordingly, by virtue of the appellant being barred by the doctrine of res judicata from bringing the second suit against Baptist Health and its insurer, we affirm the circuit court on this point.
Appellant's final argument on appeal is that the circuit court erred in denying his motion for new trial because the dismissal of Baptist Health from the lawsuit prevented the appellant from having a fair trial. Motions for new trial are governed by Ark. R. Civ. P. 59 (2005). That rule specifically enumerates eight possible grounds for granting a motion for new trial, including when there is "any irregularity in the proceedings or any order of the court or abuse of discretion by which the party was prevented from having a fair trial." Ark. R. Civ. P. 59(a)(1)(2005). The party moving for a new trial must show that his or her rights have been materially affected by demonstrating a reasonable possibility of prejudice. Suen v. Greene, 329 Ark. 455, 947 S.W.2d 791 (1997). A decision on whether to grant or deny a motion for new trial lies within the sound discretion of the trial judge. Dodson v. Allstate Ins. Co., 345 Ark. 430, 47 S.W.3d 866 (2001).
Appellant argues that the dismissal of Baptist Health from the lawsuit prevented him from receiving a fair trial because the jury was unable to consider any evidence of negligence on the part of the hospital or the effect any such negligence might have had on the other actors in the case. He claims that, as a result of the hospital's absence at trial, the verdict rendered by the jury was incomplete on the issues of proximate cause and damages. In support of this proposition, the appellant cites Martin v. Romes, 249 Ark. 927, 462 S.W.2d 460 (1971). While that decision is decidedly unpersuasive on this point, we have already concluded that the appellant failed to timely appeal the order granting summary judgment in favor of Baptist Health. Consequently, we must reject the appellant's final argument on appeal.
Appeal dismissed in part; affirmed in part.
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