Bouldin v. Lipscomb Oil Co.
| Docket Number: | 2005-CA-00685-COA Linked Case(s): 2005-CA-00685-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Premises liability - Duty to business invitee Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-08-2004 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: SUMMARY JUDGMENT ENTERED. Case Number: CI-2000-0208 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ARTHUR BOULDIN |
JONATHAN B. FAIRBANK |
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| Appellee: | LIPSCOMB OIL COMPANY | JASON HOOD STRONG J. WYATT HAZARD |
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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 - Premises liability - Duty to business invitee |
| Summary of the Facts: | Arthur Bouldin filed a premises liability action alleging he was injured while pumping gas at a service station owned by Lipscomb Oil Company. The court granted Lipscomb Oil’s motion for summary judgment, and Bouldin appeals. |
| Summary of Opinion Analysis: | Under Mississippi law, business operators owe invitees a duty to keep the premises reasonably safe from obvious dangers and to warn of hidden dangers not readily apparent to invitees. Bouldin argues that gas discharging from the hose was a defect in the gas station premises and Lipscomb Oil Company should have either warned Bouldin or corrected the defect. The record contains no evidence that Lipscomb Oil Company, or any individual under its control, caused or contributed to the conditions alleged to be dangerous by Bouldin. In the absence of proof that Lipscomb Oil Company, through its own negligence, caused a dangerous condition, Bouldin must prove that Lipscomb Oil Company had actual or constructive notice of a defect and failed to provide an appropriate warning. Bouldin does not offer proof that the gas pump malfunctions were such frequently, recurring events that Lipscomb Oil Company should have been on notice of likely future occurrences. The store manager pointed out that she had never heard of any accidents at the gas station where gas unexpectedly discharged from the hose without provocation. |
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