Saranthus v. Health Management Associates, Inc.
| Docket Number: | 2009-CA-00878-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-01-2011 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Personal injury - Premises liability - Duty to independent contractor Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Irving, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 10-30-2008 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Granted Summary Judgment in Favor of the Appellee Case Number: 251-03-1244-CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Kenneth D. Saranthus and Laura M. Saranthus |
DON H. EVANS |
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| Appellee: | Health Management Associates, Inc. d/b/a Central Mississippi Medical Center | STEPHEN P. KRUGER, JAN F. GADOW |
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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 independent contractor |
| Summary of the Facts: | Kenneth Saranthus filed suit against Health Management Associates, Inc. d/b/a Central Mississippi Medical Center, alleging that CMMC was liable for his injuries under the law of premises liability. The circuit court summary judgment in favor of CMMC, and Saranthus appeals. |
| Summary of Opinion Analysis: | Saranthus argues that CMMC, as the owner of the premises, breached its duties to keep the premises in a reasonably safe condition or to warn him of a hidden danger, of which CMMC either knew or should have known. The general rule is that a premises owner owes a duty to an independent contractor and the latter's employees to furnish a reasonably safe place to work or give warning of danger. However, the owner is not liable for death or injury of an independent contractor or one of his employees resulting from dangers which the contractor, as an expert, has known. Once the contractor is aware of the danger, the ensuing duty to warn or otherwise protect those individuals on the property as employees and agents of the contractor rests solely with the contractor. This shift in the duty to warn and protect from the owner to the contractor includes any such duties owed to the contractor's subcontractors and employees of those subcontractors. In this case, CMMC contracted with Crothall for Crothall to operate the laundry facility. Crothall determined that a washing machine needed to be welded. Crothall hired Mason and Overstreet, Saranthus’s employer. Saranthus had no relationship to CMMC, except through Crothall. It was undisputed that Crothall knew the rail was missing a stop. In fact, Saranthus has vigorously and consistently argued throughout this litigation that Crothall knew about the missing stop. Since Crothall, an independent contractor, knew of the danger then CMMC, the premises owner, was relieved of any duty to Crothall, Crothall’s employees, and Crothall’s subcontractors to remove the danger or to warn of the danger. |
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