Breaux v. Grand Casinos of Miss., Inc.- Gulfport
| Docket Number: | 2002-CA-01066-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Jury instructions - Weight of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Myers and Chandler, JJ. Dissenting Author : Irving, J. Dissent Joined By : Bridges, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 04-09-2002 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: JURY VERDICT IN FAVOR OF DEFENDANT Case Number: 2401-2000-396 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sandra and Andrew Breaux |
JOHN B. PERRY |
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| Appellee: | Grand Casinos of Mississippi, Inc.- Gulfport | STEVEN ALFRED KOHNKE FRED MANNINO |
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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 - Jury instructions - Weight of evidence |
| Summary of the Facts: | Sandra Breaux was injured when she tripped over an expansion joint in the parking garage of the Grand Casino in Gulfport. She and her husband filed suit against the casino for damages. The jury returned a verdict in favor of the casino. Breaux appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury instructions Breaux argues that the court erred by granting two jury instructions which were improper, i.e., one discusses how foreseeable it was for someone to have been injured by the expansion joint, rather than if the casino knew or should have known about its unsafe nature, and the other addresses the open and obvious defense which is no longer a viable defense in Mississippi. As a casino patron, Breaux occupied the position of a business invitee. The casino's duty, as the entity in control of the premises, was to maintain the premises, which would reasonably extend to the parking lot intended for the use of invitees such as Breaux, in a reasonably safe condition. If both the plaintiff and defendant are negligent, then the jury must be instructed on the law of comparative negligence. Because the instructions as a whole in this case properly announced the law in Mississippi with regard to premises liability as well as comparative negligence, there is no error. Issue 2: Weight of evidence Breaux argues that the verdict is against the weight of the evidence, because of a note sent by the jury to the judge during deliberations asking if they could assess the Grand to paint markings at the expansion joints. Breaux argues this note proves that a hazardous condition was established and appreciated by the jury. This interpretation of the jury’s note is speculative. In addition, ample evidence was presented by the casino to rebut Breaux’s claims. |
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