Lockwood v. Isle of Capri Corp.
Docket Number: | 2005-CA-01995-COA Linked Case(s): 2005-CA-01995-COA ; 2005-CT-01995-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: CHANDLER, J. Holding: Reversed and Remanded |
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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 |
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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 |
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Appellee: | ISLE OF CAPRI CORPORATION D/B/A ISLE OF CAPRI CASINO | CHRISTOPHER ETHAN KITTELL |
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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. |
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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