The Mississippi Court of Appeals has ordered a new trial in the civil case of a man who said his former attorney beat him up.
Timothy Walker had appealed a Feb. 25, 2004, verdict by a Leflore Circuit Court jury, claiming that Judge Andrew C. Baker had allowed improper evidence in the trial.
When he heard news on Tuesday of the order for a new trial, Walker said, "I sure do appreciate it. Maybe justice will be served right this time. Nobody has the right to beat somebody nearly to death, even if they are defending themselves."
Walker sued Greenwood attorney Richard Benz Jr. for $1 million in actual and $1 million damages that stemmed from a Jan. 24, 2002, altercation.
Benz couldn't be reached for comment. A secretary at his office said he was out until Monday.
Judge Billy Bridges, writing for the court, said that when Benz's attorney cross-examined Walker, the attorney brought up a conversation Walker allegedly had with a former employer about a physician.
Under cross-examination, court records show that Walker was supposed to have told his former employer that he would beat a physician because the doctor wouldn't give him pain medicine for his leg.
Walker's attorney claimed the evidence was immaterial to the issue between Benz and Walker.
Benz's attorney said the line of questioning went to show that Walker was violent.
"Benz presented no evidence that Walker did anything more than call Benz a crook," Bridges wrote in the court's ruling.
The appellate file shows that Walker hired Benz in 2002 to represent him and his girlfriend, Brenda Ellis, in a car wreck incident.
Benz discovered a lien against Walker for late child support. He told them they probably wouldn't collect on a car wreck claim because the Mississippi Department of Human Services would apply the lien against the recovery.
Walker and Ellis hired another attorney.
In January 2002, Walker went to Benz's office to get his file, court records show. They talked for a moment, then a fight ensued.
In Leflore County Circuit Court, the two men gave different versions of what caused the fight and the severity of the altercation.
