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Burr v. Mississippi Baptist Medical Center

6/16/2005

rked and the patient had an episode of vomiting did [the nurses] have to notify the physicians and that is what they did."


. This is a complicated case alleging medical negligence. Evidence and reasonable theories supporting both sides were presented to the jury. As such, allowing the jury verdict to stand will not result in an unconscionable injustice. Thus, the verdict is not contrary to the weight of the evidence.


V. Cumulative Error


. The only civil case cited by the Burrs under this assignment of error is Estate of Hunter v. General Motors Corp. 729 So.2d 1264, (Miss. 1999), where we held " he cumulative effect of the errors at the trial court below is sufficient to warrant a reversal and a remand for new trial...."Id. at 1279-80. In that case, this Court found several errors which independently required reversal. We have held " he verdict of the jury is to be given great weight. No trial is free of error; however, to require reversal the error must be of such magnitude as to leave no doubt that the appellant was unduly prejudiced." Busick, 856 So.2d at 308. We do not find in this case any cumulative error which prejudiced the Burrs.


CONCLUSION


. Finding no reversible error by the trial court, we affirm the judgment of the Hinds County Circuit Court.


. AFFIRMED.


SMITH, C.J., COBB, P.J., EASLEY, CARLSON AND RANDOLPH, JJ., CONCUR.


GRAVES, J., CONCURS IN RESULT ONLY.


WALLER, P.J., AND DIAZ, J., NOT PARTICIPATING.






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