Delmont v. Harrison County Sch. Dist.
| Docket Number: | 2005-CA-00259-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-05-2006 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Dangerous condition Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Concurs in Result Only: IRVING, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-06-2005 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: HARRISON COUNTY SCHOOL’S MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: A2401-2003-00112 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ASHLEY DELMONT |
ROBERT O. HOMES |
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| Appellee: | HARRISON COUNTY SCHOOL DISTRICT | RICHARD EUGENE CASSADY TRACE D. MCRANEY |
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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 - Dangerous condition |
| Summary of the Facts: | Ashley Delmont, a D’Iberville High School student, filed suit against the Harrison County School District after sustaining a knee injury as the result of a trip and fall on school property. The court granted summary judgment in favor of HCSD. Delmont appeals. |
| Summary of Opinion Analysis: | Delmont argues that HCSD was negligent in leaving the cheerleading mat out while it was not in use, failing to provide Delmont with a reasonably safe place to play, and failing to provide adequate personnel to maintain the premises and supervise the children. In personal injury cases based on premises liability, the property owner cannot be found liable for the plaintiff’s injury where no dangerous condition exists. Delmont failed to provide the trial court with any evidence from which a reasonable fact-finder could conclude that the cheerleading mat itself or its placement on the stage floor constituted a dangerous condition. Instead, Delmont’s deposition testimony revealed that she was simply not looking where she was going. |
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