Smith v. Ameristar Casino Vicksburg, Inc.
| Docket Number: | 2006-CA-00139-COA Linked Case(s): 2006-CA-00139-SCT ; 2006-CA-00139-COA ; 2006-CT-00139-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 01-29-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Production of documents - Admission of expert testimony Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 11-10-2005 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: JURY VERDICT IN FAVOR OF DEFENDANT Case Number: 04-0009-CI |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SHIRLEY SMITH |
ALFRED L. FELDER |
||
| Appellee: | AMERISTAR CASINO VICKSBURG, INC., A MISSISSIPPI CORPORATION | TIMOTHY D. MOORE |
|
|
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: | Personal injury - Production of documents - Admission of expert testimony |
| Summary of the Facts: | Shirley Smith was walking through the Ameristar Casino when she collided with Richard Murdock, a security guard at the Casino. Smith filed a complaint against the Casino alleging that the accident was caused by the negligence of Murdock. Smith sought actual and compensatory damages. The jury returned a verdict for the Casino. Smith appeals. |
| Summary of Opinion Analysis: | Smith argues that the court erred in failing to compel the Casino to produce certain documents, because the production of security manuals was necessary to determine whether Murdock breached his duties as set forth by the Casino. The trial court’s ruling is not an abuse of discretion since the request for production does not include a request for any security manuals. Smith also argues that the trial court erred in excluding the testimony of an expert on casino security. The expert opined that if Murdock were properly trained, he would not have collided with Smith. However, he basically admitted that he had no evidence upon which to base this opinion. Thus, there was no abuse of discretion in the trial court’s refusal to allow the expert to testify. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
