Criss v. Lipscomb Oil Co
| Docket Number: | 2006-CA-01726-COA Linked Case(s): 2006-CA-01726-COA ; 2006-CA-01726-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Negligence - Premises liability - Duty to invitee Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 08-30-2006 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: SUMMARY JUDGMENT IN FAVOR OF DEFENDANT Case Number: 2004-0010 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LYNETTE CRISS |
JAMES C. PATTON |
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| Appellee: | LIPSCOMB OIL COMPANY | ANDREW N. ALEXANDER | ||
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: | Negligence - Premises liability - Duty to invitee |
| Summary of the Facts: | Lynette Criss slipped and fell while exiting a restroom located in a convenience store. The convenience store was owned and managed by Lipscomb Oil Company, Inc. Criss subsequently filed a negligence action against Lipscomb seeking damages as a result of her fall. Lipscomb filed a motion for summary judgment which was granted. Criss appeals. |
| Summary of Opinion Analysis: | Criss argues that the court erred in granting summary judgment in favor of Lipscomb. Upon entering the premises, Criss became an invitee. Therefore, Criss must prove that Lipscomb’s negligence injured her, that Lipscomb had knowledge of the dangerous condition and failed to warn her, or that the condition existed for a sufficient amount of time so that Lipscomb should have had knowledge or notice of the condition. There is no duty to warn of a defect or danger that is as well known to the invitee as to the landowner, or of dangers that are known to the invitee, or dangers that are obvious or should be obvious to the invitee in the exercise of ordinary care. An employee of Lipscomb inspected the ladies’ restroom approximately thirty minutes prior to Criss’s fall and noted that the restroom was clean, and there was no water on the floor. Criss has failed to provide any evidence that Lipscomb knew that an alleged dangerous condition existed in the ladies’ restroom, that Lipscomb caused the alleged dangerous condition, or that the alleged dangerous condition had existed for a sufficient period of time to establish constructive knowledge. |
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