Almond v. Flying J Gas Co.
| Docket Number: | 2006-CA-00117-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Premises liability - Duty owed to business invitee Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): IRVING, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 12-16-2005 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: SUMMARY JUDGMENT IN FAVOR OF DEFENDANT/APPELLEE Case Number: CV2003-0205RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | DOWDY ALMOND |
DAVID L. WALKER
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| Appellee: | FLYING J GAS COMPANY | TOMMY D. GOODWIN ROBERT A. BIGGS |
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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 owed to business invitee |
| Summary of the Facts: | Dowdy Almond filed suit against Flying J Gas Company, for personal injuries sustained when she allegedly slipped and fell on a slippery substance on Flying J’s premises. The court granted summary judgment for Flying J. Almond appeals. |
| Summary of Opinion Analysis: | Almond argues that the court should not have granted summary judgment for Flying J because a genuine issue of material fact existed as to whether the policy of inspecting the premises every thirty minutes was sufficient to negate that Flying J had constructive knowledge of the alleged slippery substance, and the court put itself in the position of the jury by making such factual determination. The operator of a business premises owes a duty to an invitee to exercise reasonable care to keep the premises in a reasonably safe condition. To prove that the business operator was negligent, the plaintiff must show either the operator caused the dangerous condition, or where a third person unconnected with the store’s operation caused the condition, that the operator had actual or constructive knowledge of the condition. Almond did not establish that Flying J was negligent in any way to her. She did not offer any admissible evidence that Flying J had a dangerous condition on its premises that would have caused her to slip and fall. Additionally, Almond’s argument that Flying J had constructive knowledge of a slippery substance on its premises is not well taken. Almond did not offer any admissible evidence as to the length of time the alleged slippery substance was present. |
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