Walter R. Ross, Jr., M.d. v. Anita Marion Noland Hospital Birmingham, LLC, and Noland Health Services, Inc. v. Anita…

Summary

The Alabama Supreme Court reversed the trial‑court judgments against Dr. Ross and Noland and remanded for a new trial because the trial judge communicated with the jury outside the presence of counsel, a conduct deemed conclusively prejudicial. The Court affirmed the judgment for Dr. Simmons, rejecting Marion’s cross‑appeal because the issue was not preserved at the trial level.