Heard v. Intervest Corp.
Docket Number: | 2001-CA-01973-COA Linked Case(s): 2001-CT-01973-SCT ; 2001-CA-01973-COA ; 2001-CT-01973-SCT ; 2001-CT-01973-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Myers, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Wrongful death - Lessor’s duty of reasonable care Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Dissenting Author : Irving, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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Trial Court: |
Date of Trial Judgment: 11-27-2001 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: SUMMARY JUDGMENT FOR INTERVEST CORPORATION Case Number: 99-0062 |
Party Name: | Attorney Name: | |||
Appellant: | Eva Lois Heard, Personal Representative of the Estate of Gwendolyn Strong, Deceased |
ANGELA TURNER-LAIRY
BENNIE L. TURNER |
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Appellee: | Intervest Corporation | DAVID L. SANDERS JEFFREY JOHNSON TURNAGE |
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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: | Wrongful death - Lessor’s duty of reasonable care |
Summary of the Facts: | Eva Heard, acting as the personal representative of Gwendolyn Strong, filed a wrongful death action against Intervest Corporation, the owner of the apartment complex where the accident occurred in which Eva was killed. The court granted Intervest a summary judgment, and Heard appeals. |
Summary of Opinion Analysis: | The lessor, with respect to common areas, has the duty to use reasonable care to keep the common areas reasonably safe and is liable for damages for failure to perform the duty. Both parties agreed that Strong was sitting outside her building, that the owner of the car was intoxicated and had his daughter drive his car; that the car jumped the curb and injured Strong, resulting in her death; and that there was no security guard on duty. Because property owners are not required to build barriers between their premises and streets and parking lots, the court properly granted summary judgment. |
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