Leffler v. Sharp
| Docket Number: | 2003-CA-00378-SCT Linked Case(s): 2003-CA-00378-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-10-2004 Opinion Author: Cobb, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Premises liability - Duty to trespasser Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-10-2003 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: Motions for summary judgment were granted, dismissing all claims against Free and Sharp. Case Number: 00,0227-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | WALTER LEFFLER |
WAYNE E. FERRELL, JR.
ANDRE FRANCIS DUCOTE |
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| Appellee: | HARRY SHARP, INDIVIDUALLY, SHARP ENTERPRISES, INC., AND KIM FREE, INDIVIDUALLY, AND d/b/a QUARTER INN | J. WADE SWEAT CHARLES G. COPELAND JOEL W. HOWELL, III |
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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 - Premises liability - Duty to trespasser |
| Summary of the Facts: | Walter Leffler filed suit against Kim Free, individually and d/b/a Quarter Inn, and Harry Sharp, individually and Sharp Enterprises. Leffler sought damages for injuries he received when he fell through the roof of the premises immediately adjacent to the Quarter Inn. Free and Sharp filed motions for summary judgment which the court granted. Leffler appeals. |
| Summary of Opinion Analysis: | Leffler argues that at the time of his injury he remained an invitee or alternatively, his status was at least that of an implied licensee. An invitee answers an invitation to enter the owner’s premises for their mutual advantage while a trespasser enters another’s property merely for his own purposes, pleasure, or convenience, or out of curiosity, and without any enticement, allurement, inducement or express or implied assurance of safety from the owner or person in charge. Landowners owe licensees and trespassers the same duty, specifically, to refrain from willfully or wantonly injuring them. Leffler argues that he remained an invitee at the time of his injury since Free and Sharp held the roof out as a part of the premises by allowing patrons to enter and use the roof terrace. Leffler accessed the roof through a window. The dimensions of the window, being 24 inches by 32 inches, and almost 3 feet above the floor, belie any indication that patrons were invited to go onto the roof. Although Leffler was an invitee at the time he entered the Quarter Inn, he was not an invitee at the time of the injury. An invitee who goes beyond the bounds of his invitation loses the status of invitee and the rights which accompany that state. Leffler argues in the alternative that he was a licensee at the time of the accident. A licensee enters the property of another pursuant to the license or implied permission of the owner. Permission is conduct justifying others in believing that the possessor is willing that they shall enter, if they desire to do so. Free and Sharp never engaged in conduct signifying to patrons that the roof area was open to patrons. Because they did not intend (or grant permission) for Leffler or other patrons to enter the roof area through the glass door or through the open window, Leffler did not enjoy the status of a licensee. Although the roof terrace was owned by Sharp Enterprises, the roof was not part of the lease between Free, Sharp, and Sharp Enterprises. The roof was also not a part of the Quarter Inn. Because Leffler was a trespasser at the time of the incident, the court correctly granted summary judgment. |
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