Young v. Wendy's Int'l, Inc., et al.
| Docket Number: | 2002-CA-00273-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Premises liability - Existence of dangerous condition - Actual or constructive knowledge Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 12-12-2001 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: 251-00-1366 CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Catherine L. Young |
ROBERT R. STEPHENSON
REEVE G. JACOBUS |
||
| Appellee: | Wendy's International, Inc. and Wenstar, Inc., X, Y, Z | LELAND S. SMITH TRACY JENNIFER STIDHAM-STEEN |
|
|
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: | Premises liability - Existence of dangerous condition - Actual or constructive knowledge |
| Summary of the Facts: | Catherine Young filed suit against Wendy's International, Inc. and Wenstar Inc., alleging that they their duty to maintain the premises of a Wendy's Restaurant in a safe manner, by permitting an unsafe and defective chair to remain in the dining room. The court granted summary judgment in favor of Wendy's and Wenstar. Young appeals. |
| Summary of Opinion Analysis: | For a plaintiff to recover in a premises liability action, he must show the defendants' own negligence created a dangerous condition which caused the plaintiff's injury or show that defendants had actual knowledge of a condition which they did not cause, but failed to warn plaintiff of the danger she faced as an invitee or show that, based upon the passage of time, defendants should have known of the dangerous condition. If the plaintiff cannot show that the condition allegedly causing injury was due to the action or inaction of the premises owner or operator, then the plaintiff must show actual or constructive knowledge, i.e., the dangerous condition existed for such a length of time that the defendants should have known about it. Young admitted that she knew of no facts supporting her claim that the chair was defective or showing that Wendy's had notice of any alleged instability in the chair. Therefore, summary judgment was proper. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
