Mitchell's Contracting Service, LLC v. Robert Guy Gleason, Sr., as Administrator of the Estate of Lorena Gleason

Summary

The court held that Mitchell's appeal was timely because the trial court's initial postjudgment order did not clearly dispose of the motion for a new trial. It affirmed the denial of judgment as a matter of law because the evidence permitted a reasonable jury to infer that a Mitchell truck forced Lorena Gleason off the road and did not establish contributory negligence as a matter of law. The court reversed and remanded for a new trial because Gleason failed to disclose that a witness was the only eyewitness, and Mitchell was prejudiced when the trial court refused to continue the trial for a deposition. Justice Shaw, dissenting, would have affirmed because Mitchell did not demonstrate actual prejudice and had an opportunity to depose or cross-examine the witness.