Lockwood v. Isle of Capri Corp.


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Docket Number: 2005-CA-01995-COA
Linked Case(s): 2005-CA-01995-COA ; 2005-CT-01995-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-06-2007
Opinion Author: CHANDLER, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Personal injury - Premises liability - Constructive notice - Prior bad acts - M.R.E. 404(b)
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 09-23-2005
Appealed from: Coahoma County Circuit Court
Judge: Larry O. Lewis
Disposition: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT GRANTED
Case Number: 14-CI-03-0108

  Party Name: Attorney Name:  
Appellant: ALICE LOCKWOOD




ROBERT STANLEY LITTLE



 

Appellee: ISLE OF CAPRI CORPORATION D/B/A ISLE OF CAPRI CASINO CHRISTOPHER ETHAN KITTELL  

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Topic: Personal injury - Premises liability - Constructive notice - Prior bad acts - M.R.E. 404(b)

Summary of the Facts: After slipping and falling at the Isle of Capri, Alice Lockwood sued the IOC, claiming that the casino had either actual or constructive knowledge of water on the floor, which caused her fall, or that the IOC negligently failed to correct an unreasonably dangerous condition. The court granted summary judgment for the IOC, and Lockwood appeals.

Summary of Opinion Analysis: Lockwood argues that she provided ample evidence to prove that the IOC had constructive notice. She offered testimony from other patrons who testified that on prior visits to the IOC, they saw water in the same spot as where Lockwood fell. The trial court ruled this testimony inadmissible under M.R.E. 404(b), but Lockwood argues that this testimony falls under the exception to Rule 404(b), which states that such evidence may be offered as proof of knowledge. Generally, evidence of prior bad acts is inadmissible to prove a propensity to act in a certain manner. However, evidence of prior bad acts may be admissible to prove identity, knowledge, intent, motive or to prove scienter. The IOC has a duty to its business invitees to keep the premises reasonably safe and to warn of any known latent dangers. Evidence of prior water accumulation would have been sufficient for a jury to reasonably infer that the IOC had constructive knowledge of the dangerous condition or could have prevented an accident by placing warning signs in the area where water normally collected. Thus, the evidence offered by Lockwood was competent testimony sufficient to create a genuine issue of material fact as to whether water had been present in the same area of the Calypso Buffet on prior occasions.


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