Williams v. Jackson
| Docket Number: | 2007-CA-00517-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-12-2008 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Duty to warn Judge(s) Concurring: KIing C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-21-2007 Appealed from: SCOTT COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: SUMMARY JUDGMENT ENTERED IN FAVOR OF WAL-MART Case Number: 2005-CV-224-SC-C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | KEITH WILLIAMS |
JOSEPH E. ROBERTS,
GRADY L. MCCOOL |
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| Appellee: | HOWARD JACKSON, WAL-MART PROPERTIES, INC., WAL-MART STORES, INC., AND WAL-MART STORES EAST, INC. | PHILIP A. GUNN, RUSSELL LATINO |
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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 warn |
| Summary of the Facts: | Keith Williams brought suit against Howard Jackson, Wal-Mart Properties, Inc., Wal-Mart Stores, Inc., and Wal-Mart Stores East, Inc. Williams was involved in an altercation on Wal-Mart’s premises with Jackson. The circuit court granted summary judgment to Wal-Mart, and Williams appeals. |
| Summary of Opinion Analysis: | Williams argues that Wal-Mart breached its duty to protect him from an attack by Jackson, and that breach was the proximate cause of Williams’s injuries. The highest standard of care that would be owed to anyone who comes onto someone else’s land in Mississippi is to keep the premises reasonably safe and when not reasonably safe to warn only where there is hidden danger or peril that is not plain and in open view. Generally, the duty to warn disappears entirely when it is shown that the injured person did, in fact, observe and fully appreciate the peril. The proximate cause of Williams’s injuries was the interjection of himself into the argument between Jackson and Williams’s family in front of Wal-Mart. The injuries sustained by Williams were both caused by his own actions and further unforeseeable by Wal-Mart. |
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