City of Clinton v. Smith
| Docket Number: | 2002-CA-01670-SCT Linked Case(s): 2002-CA-01670-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-23-2003 Opinion Author: Easley, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Open and obvious condition - Section 11-46-9(1)(v) Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 08-12-2002 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Entered a judgment for $150,000 in favor of the Appellee. Case Number: 251-99-443 |
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| Party Name: | Attorney Name: | |||
| Appellant: | City of Clinton, Mississippi |
KENNETH R. DREHER |
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| Appellee: | Ernest Smith | JOEL W. HOWELL, III |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Tort Claims Act - Open and obvious condition - Section 11-46-9(1)(v) |
| Summary of the Facts: | Due to ice and snow on a handicap ramp, Ernest Smith fell while exiting the municipal court building in Clinton, Mississippi. Smith filed suit against the City of Clinton. Written notice was given to the Mayor of Clinton. The court rendered a final judgment in the amount of $150,000 for Smith, and the City appeals. |
| Summary of Opinion Analysis: | The City argues that it is entitled to immunity from liability to Smith pursuant to section 11-46-9(1)(v). That statute provides that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care. At trial and in his deposition, Smith admitted that the steps and ramp were covered with enough snow and ice for any human eye to see and that he wasn't paying attention as he left the building holding his money and a receipt. Based on Smith's admission, the facts present a situation of an open and obvious condition which is required for immunity. Therefore, the court erred in not granting the City immunity. |
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