Kendrick v. Quin
Docket Number: | 2009-CA-00587-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 11-09-2010 Opinion Author: Myers, P.J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Wrongful death - Premises liability - Duty to licensee Judge(s) Concurring: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Irving, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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Trial Court: |
Date of Trial Judgment: 02-25-2009 Appealed from: MARION COUNTY CIRCUIT COURT Judge: Prentiss Harrell Disposition: GRANTED SUMMARY JUDGMENT FOR APPELLEE Case Number: 2006-0135E |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Beverly Kay Kendrick, Individually and as Wrongful Death Heir of Thomas Dixon |
DONALD WAYNE MEDLEY |
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Appellee: | Laura Quin | DORRANCE AULTMAN |
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: | Wrongful death - Premises liability - Duty to licensee |
Summary of the Facts: | Beverly Kay Kendrick, individually and as wrongful-death beneficiary of Thomas Dixon, filed a complaint against Laura Quin. The complaint alleged that Dixon, while an invitee in Quin’s home, suffered injuries and death as a result of a fire in and upon Quin’s premises, and that such injuries and death were the proximate cause of Quin’s negligence in failing to keep her premises free of hazards and in a reasonably safe condition for use by an invitee such as Dixon. The circuit court granted Quin’s motion for summary judgment. Kendrick appeals. |
Summary of Opinion Analysis: | Kendrick argues both simple negligence and negligence based upon premises liability. Quin invited Dixon into her home as a gratuitous favor to him. She thereafter took care of him without any remuneration or material benefit to her. Dixon legally was a licensee throughout his stay with Quin. Quin’s duty in regard to Dixon was to refrain from willfully or wantonly injuring him. Willfulness and wantonness connote knowingly and intentionally doing a thing or wrongful act. The guest assumes the ordinary risks which are attached to the premises. Kendrick presented no evidence that Quin knowingly and intentionally caused the fire–the condition on her premises that caused Dixon’s death. Nor is there evidence, from which reasonable minds could rationally conclude, that Quin willfully and wantonly caused Dixon to succumb to the fire. Accordingly, the circuit court correctly granted summary judgment in favor of Quin. |
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