Powell v. Dean Foods Company

Jury awarded over $20 million for death of three persons in collision between car and tractor-trailer. Appellate court reversed, based on denial of motion to dismiss judge as a matter of right, finding that judge's ruling of judge on status of one corporate defendant was not "substantial". Once a given defendant is no longer in the case, no other defendant has standing to challenge denial of that defendant's motion for substitution of judge. To show prejudice, defendants would have to show that they had a right to substitution of judge, but two defendants did not because they had already obtained a substitution of judge; and other defendant did not because he did not seek substitution of judge as of right or for cause. (FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)