Goff v. Coe, et al.
Docket Number: | 2004-CA-02281-COA Linked Case(s): 2004-CT-02281-SCT ; 2004-CA-02281-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 01-17-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Personal injury - Premises liability - Duty owed to business invitee Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, AND BARNES, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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Trial Court: |
Date of Trial Judgment: 10-19-2004 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: ORDER GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS Case Number: CI-2003-0010(2) |
Party Name: | Attorney Name: | |||
Appellant: | BARBARA JEAN GOFF AND HENRY GOFF |
ROBERT E. O’DELL |
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Appellee: | JAMES E. COE, O.D., INDIVIDUALLY AND PREMIER EYE CLINIC, P.A., A MISSISSIPPI CORPORATION | SCOTT CORLEW |
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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. |
Topic: | Personal injury - Premises liability - Duty owed to business invitee |
Summary of the Facts: | Barbara Goff and Henry Goff brought a personal injury action, with a derivative action for loss of consortium, against James Coe and Premier Eye Clinic, P.A. The judge granted Coe’s and Premier’s motion for summary judgment, and the Goffs appeal. |
Summary of Opinion Analysis: | The Goffs visited Premier in order to have Barbara’s eyes examined by Coe and to procure eyeglasses. During the course of the Goffs’ visit, Barbara allegedly fell while attempting to sit on a rolling stool provided for in the preexamination screening. The owner or operator of business premises owes a duty to an invitee to exercise reasonable care to keep the premises in a reasonably safe condition and, if the operator is aware of a dangerous condition, which is not readily apparent to the invitee, he is under a duty to warn the invitee of such condition. When a dangerous condition is caused by the premises owner’s or business operator’s own negligence, it is not required that a plaintiff show that the owner/operator had knowledge of such condition. The judge did not err in granting summary judgment for Coe and Premier. There was no evidence that the stool was defective or unreasonably dangerous. Nor was there any evidence that some other unreasonably dangerous condition existed which caused the stool to move from underneath Barbara when she attempted to sit on it. |
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