Richardson v. Grand Casinos of Miss., Inc.
| Docket Number: | 2005-CA-00582-COA | |
| Oral Argument: | 05-16-2006 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Dangerous condition Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-08-2005 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF GRAND CASINOS OF MISSISSIPPI - GULFPORT, LLC Case Number: A-2401-2002-00434 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LOIS RICHARDSON |
CHAD PATRICK FAVRE, JOE SAM OWEN |
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| Appellee: | GRAND CASINOS OF MISSISSIPPI, INC.- GULFPORT, LLC | CELESTIAL REEP OGLESBY, STEPHEN GILES PERESICH |
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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 - Dangerous condition |
| Summary of the Facts: | After falling and suffering injuries at the Grand Casino in Gulfport, Lois Richardson sued Grand Casinos of Mississippi - Gulfport, LLC, alleging that her injuries resulted from negligence on the part of the Grand. The Grand filed a motion for summary judgment, which the court granted. Richardson appeals. |
| Summary of Opinion Analysis: | Richardson argues that the stairs she fell down constitute a dangerous condition because the stairs “blended in with the flat surface of the flooring.” The Grand owes Richardson the duty to keep the premises reasonably safe and when not reasonably safe to warn only where there is hidden danger or peril that is not in plain and open view. The photographs included in the record show that the top step is clearly a different color from the preceding flooring, and the carpet at the bottom of the two steps is easily distinguishable from the steps. Furthermore, there are bright silver freestanding handrails at regular intervals across the steps. Finally, a sign before the steps warns visitors to “watch your step.” Richardson produced no witnesses, expert or otherwise, to support her contention that the steps are dangerous. Therefore, summary judgment was properly granted. Since Richardson has failed to show any evidence that the steps were not reasonably safe, she has also failed to show that the Grand had a duty to warn her of the steps. |
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