Wilkins v. Bloodsaw, et al.
| Docket Number: | 2002-CA-00705-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Chandler, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Duty to business invitee Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-29-2002 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS Case Number: 99-CV-096(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Evelyn Wilkins, Richard Wilkins, Sr. and Matthew Wilkins |
H. GREGORY JOHNSON
JOHN G. HOLADAY
JAMES EVERETTE WOODS |
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| Appellee: | Sadie Bloodsaw and NPC International, Inc. | SANDRA TAYLOR DOTY LELAND S. SMITH |
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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 - Duty to business invitee |
| Summary of the Facts: | Evelyn, Richard, and Matthew Wilkins filed suit against NPC International, Inc. and Sadie Bloodsaw. NPC owned a Pizza Hut which was managed by Bloodsaw where Evelyn fell and was injured. The court granted summary judgment in favor of NPC and Bloodsaw, and the Wilkinses appeal. |
| Summary of Opinion Analysis: | The Wilkinses argue that a genuine issue of fact exists as to whether NPC's premises were reasonably safe. Both parties agree that the Wilkinses were business invitees. A business owner or operator owes a duty to a business invitee to keep its premises in a reasonably safe condition and to warn of dangerous conditions which are not readily apparent to the invitee. Safety standards and regulations are admissible as a measure to show reasonable care consistent with industry standards. The affidavit of the Wilkinses’ expert established that there was no handicap accessibility available on the premises and concluded that but for the absence of a ramp, this accident would not have happened as described. This affidavit provided evidence to establish the question of negligence as a genuine issue of material fact. |
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