Huguley v. Imperial Palace of Miss., Inc.
| Docket Number: | 2004-CA-02457-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-30-2006 Opinion Author: ROBERTS, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Knowledge of dangerous condition Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 11-12-2004 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: GRANTED MOTION FOR SUMMARY JUDGMENT IN FAVOR OF IMPERIAL PALACE Case Number: A2402-02-151 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | FRANK HUGULEY AND SHEILA HUGULEY |
KATHLEEN L. SMILEY |
||
| Appellee: | IMPERIAL PALACE OF MISSISSIPPI, INC. | TINA ROSE SINGLETARY, BRITT R. SINGLETARY, SCOTT DERRICK SMITH |
|
|
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 - Knowledge of dangerous condition |
| Summary of the Facts: | Frank Huguley slipped and fell on his way to his car in parking lot of the Imperial Palace Casino. As a result of the fall, Huguley developed a concessive brain injury with post-concussion syndrome and lost his sense of smell and taste and developed memory problems. Frank Huguley and his wife, Sheila, filed an action against Imperial Palace of Mississippi, Inc. The court granted summary judgment in favor of Imperial Palace, and the Huguleys appeal. |
| Summary of Opinion Analysis: | For a plaintiff to recover in a slip and fall case in Mississippi, he must show that negligent act of the defendant cause his injury or show that the defendant had actual knowledge of a dangerous condition and failed to warn the plaintiff or show that the dangerous condition existed for a sufficient amount of time to impute constructive knowledge to the defendant, in that the defendant should have known of the dangerous condition. Neither the plaintiff nor his sister (who was with him when he fell) offered any testimony that the “oil-like residue” referred to in the complaint was placed there by an employee of Imperial Palace or caused to be placed there by any negligent act of an employee of Imperial Palace. There was no testimony showing how long the “residue” or “sheen” had been on the parking garage floor or that Imperial Palace or its employees had actual knowledge of its presence or should have been aware of it. Also, there was no testimony to show that Imperial Palace should have had constructive knowledge of a dangerous situation. Because there is no proof that Imperial Palace was in any way negligent, the court properly granted summary judgment. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
