Thomas v. Bradley
| Docket Number: | 2006-CA-01756-COA Linked Case(s): 2006-CA-01756-SCT ; 2006-CA-01756-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-29-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Negligence - Premises liability - Duty - Res ipsa loquitur Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-18-2006 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: Summary judgment granted to the appellees. Case Number: 2002-00,389(1)(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BOBBY THOMAS |
JOHN DOYLE MOORE,
ROBERT NILES HOOPER |
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| Appellee: | GERALD WAYNE BRADLEY AND JERRY BALDWIN | GERALD LEE KUCIA, MATTHEW ANDERSON TAYLOR |
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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 - Negligence - Premises liability - Duty - Res ipsa loquitur |
| Summary of the Facts: | Bobby Thomas sued his cousins, Gerald Bradley and Jerry Baldwin, incident to injuries he sustained when he fell from a ladder. Bradley and Baldwin filed separate motions for summary judgment which the court granted. Thomas appeals. |
| Summary of Opinion Analysis: | The circuit court found no genuine issue of material fact as to whether Baldwin negligently caused Thomas’ fall and resulting injuries. Thomas argues that the court erred. Though Thomas argued that he was an invitee, it is clear that Thomas presented no genuine issue of material fact regarding a premises liability claim. Thomas unequivocally and repeatedly stated that no condition of the premises caused his injuries. Baldwin owed Thomas a general duty to act as a reasonable prudent person would under the circumstances. Even under that general duty, Thomas failed to demonstrate a genuine issue of material fact that Baldwin breached that duty. Thomas only presented evidence that Baldwin slipped on the roof and caused the ladder to fall. Thomas never elaborated beyond that general conclusion. The generic allegation that Baldwin was negligent because he lost his footing on the pitched slope of a roof, without more, is not sufficient to demonstrate a genuine issue of material fact. Thomas also argues that there were genuine issues of material fact regarding whether Bradley was negligent in his duty as the owner of the premises and the general duty to provide reasonable care. Bradley was not present when Thomas and Baldwin fell. Bradley merely provided the ladder, and Thomas admitted that there was nothing wrong with the ladder. Thus, Thomas presented no genuine issue of material fact that Bradley breached any duty he owed to Thomas. Thomas argues that the court should apply the doctrine of res ipsa loquitur. Res ipsa loquitur applies where: the instrumentality causing the damage must be under the exclusive control of the defendant, the occurrence must be such as in the ordinary course of things would not happen if those in control of the instrumentality used proper care, and the occurrence must not be due to any voluntary act on the part of the plaintiff. Thomas would have the court apply res ipsa loquitor with no more proof save that Baldwin slipped. The Court is not prepared to find that one who slips and falls on a roof would never do so but for a lack of reasonable care. |
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