Janet M. Tennant and Larry B. Tennant, Plaintiffs Below, Appellees v. Marion Health Care Foundation, Inc., Aka…

Summary

The court reversed the order granting the plaintiffs a new trial and reinstated the defense verdict. It held that an inadvertent appearance of judicial impropriety, without proof of actual bias or prejudice, does not automatically require a new trial; the plaintiffs also waived their challenge to the settlement evidence by failing to object at trial. Although the jury instruction was potentially confusing and the defendants violated the in limine order, the errors did not prejudice the plaintiffs, individually or cumulatively.