Patterson v. T. L. Wallace Constr., Inc., et al.
| Docket Number: | 2010-CT-01812-SCT Linked Case(s): 2010-CA-01812-COA ; 2010-CA-01812-COA ; 2010-CT-01812-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-02-2013 Opinion Author: King, J. Holding: Court of Appeals reversed; Circuit Court Reinstated and Affirmed |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Russell, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Vicarious liability - Independent contractor - Negligence - Duty to maintain public road - Duty to warn Judge(s) Concurring: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Concur in Part, Dissent in Part 1: Kitchens, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-11-2010 Appealed from: Marion County Circuit Court Judge: R. Prichard, III Disposition: Granted summary judgment to the Appellees. Case Number: 2009-0043P |
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| Note: | The Supreme Court found that the Appellant put forth no evidence to survive a motion for summary judgment; therefore, it reversed the Court of Appeals. The original Court of Appeals opninion can be found at http://courts.ms.gov/Images/Opinions/CO76615.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Carl Patterson, Jr. |
AUDRY REGNAL BLACKLEDGE
PETER ANDREW LAMPROS
MATTHEW A. CATHEY |
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| Appellee: | T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc. | WALTER WILLIAM DUKES ADAM B. HARRIS ANDY LOWRY ROGER C. RIDDICK BRADLEY SMITH KELLY |
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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 - Vicarious liability - Independent contractor - Negligence - Duty to maintain public road - Duty to warn |
| Summary of the Facts: | After sustaining serious injuries in a single-vehicle motorcycle accident, Carl Patterson Jr. sued T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc. for damages. T. L. Wallace and Turtle Creek both filed motions for summary judgment which the trial court granted. The Court of Appeals reversed and remanded for a trial. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Vicarious liability Patterson argues that Turtle Creek paid T. L. Wallace by the hour, making T. L. Wallace an agent of Turtle Creek. Thus, Patterson states that Turtle Creek is responsible for the acts and omissions of T. L. Wallace. An independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking. Patterson claims T. L. Wallace was Turtle Creek’s agent, not an independent contractor, because Turtle Creek paid it by the hour. However, Patterson fails to cite any authority in support of his position. Also, the record belies Patterson’s claim. No evidence suggests that Turtle Creek controlled T. L. Wallace or its performance of the work. Thus, Turtle Creek cannot be held liable for the acts or omissions of T. L. Wallace. Issue 2: Negligence To show negligence, Patterson had to present evidence of duty, breach of duty, causation, and damages. Patterson claimed Turtle Creek failed to follow land-permit requirements and conduct safety inspections. However, the record is void of any evidence that Turtle Creek deposited any debris onto the Parkway itself. Furthermore, although Turtle Creek owned property adjacent to the Parkway, it cannot be held liable for maintaining the public road. Thus, the existence of debris on the Parkway near Turtle Creek’s property is not sufficient to impose a duty on Turtle Creek to clean the debris or warn others of the condition. Since Patterson failed to show that Turtle Creek owed him a duty or breached any duty. Thus, Patterson’s claims against Turtle Creek cannot survive summary judgment. In addition, Patterson’s claims against T. L. Wallace survive summary judgment. Patterson had to provide sufficient proof that T. L. Wallace was responsible for the debris on the Parkway, failed to clean it, and failed to warn motorists of the hazardous condition. He did not do so. At most, Patterson showed that T. L. Wallace performed construction in the area several days prior to his accident. No circumstantial evidence suggests T. L. Wallace caused the debris to accumulate on the Parkway. |
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