Jackie Davis, by Next Friend, Edward Davis v. Jellico Community Hospital Inc. William Stafford, M.D.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the untimely death of a plaintiff soon after a damages award based upon long life expectancy, although “rare,” was not the extraordinary circumstance contemplated by Rule 60(b)(6)
• recognizing that, where courts have tended to remand in light of new factual developments, it has been in the context of injunctive relief scenarios or other prospective relief, “not attempts to revise jury verdicts”
• discussing “well-conceived rule that newly discovered evidence for motions under Rule 59 or Rule 60(b)(2) must pertain to evidence which existed at the time of trial”
• “Death of a judgment plaintiff following so shortly after a jury award of damages based on an expected life span not realized ... is not the sort of ‘extraordinary circumstances’ contemplated by Rule 60(b)(6).”
• “The weight of authority is against the granting of a new trial [under Rule 59] on the ground of unexpected improvement in the plaintiff's condition, unless the evidence is sufficient to show fraud.”

Source: CourtListener parenthetical corpus (CC0).