Knox v. Mahalitc


<- Return to Search Results


Docket Number: 2009-CA-01401-COA
Linked Case(s): 2009-CA-01401-COA ; 2009-CA-01401-COA

Court of Appeals: Opinion Link
Opinion Date: 03-29-2011
Opinion Author: Irving, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Personal injury - Negligence - Proof of causation
Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 07-16-2009
Appealed from: Washington County Circuit Court
Judge: Richard Smith
Disposition: Summary Judgment Granted in Favor of Russell Mahalitc
Case Number: CV-2008-0055-CI

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Freddie L. Knox, Tyangela Knox, Yolanda Knox, Natasha Knox, Freddie L. Knox, as the Natural Father and Legal Guardian of Kenyatta Knox, Jeremy Knox, Kishun Knox, Freddie L. Knox, as the Administrator of the Estate of Mary L. Knox, Being all the Wrongful Death Heirs of Mary L. Knox, Freddie L. Knox, as the Administrator of the Estate of Lakidra Ramone Knox, Being all the Wrongful Death Heirs of Lakidra Ramone Knox, Fredrick Knox, Markeya Knox, Walter Watson and Yolanda Knox, as the Administrator of the Estate of Deliya Watson, Being all the Wrongful Death Heirs of Deliya Watson




OBY T. ROGERS, EDDIE J. ABDEEN, THOMAS S. MOORE



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Russell Mahalitc d/b/a Magnolia Plantation BRADLEY F. HATHAWAY  

    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: Personal injury - Negligence - Proof of causation

    Summary of the Facts: Yolanda Knox and members of her family filed a complaint against Russell Mahalitc, doing business as Magnolia Plantation, for the wrongful death of three individuals who were killed in a car accident. Mahalitc filed a motion for summary judgment, which the circuit court granted. The plaintiffs appeal.

    Summary of Opinion Analysis: The plaintiffs’ claims are based on theories of negligence. In order to prove negligence, a plaintiff must show duty, breach, causation, and damages. Even if a party is negligent, he is not liable to the plaintiff unless the negligence is the proximate cause of the injury. Proximate cause requires the fact finder to find that the negligence was both the cause in fact and the legal cause of the damage. The plaintiffs presented little evidence in opposition to summary judgment, essentially only offering two color photographs. The photographs were offered without an accompanying affidavit. The condition of the photographs in the appellate record is too poor to make out any details. The plaintiffs argue that the photographs would show that the tractor trailer was not equipped with the proper lights and reflectors. The photographs presented by the plaintiffs do not prove a genuine issue of material fact. Even if the photographs were of sufficient quality for the Court to determine that the trailer in question lacked the proper equipment, the plaintiffs have failed to show that the lack of proper equipment caused the accident. For the photographs to be sufficient to overcome summary judgment, they would have had to have shown both the lack of proper equipment and that the missing equipment caused the accident in question. No evidence whatsoever was presented to suggest that Yolanda would not have hit the trailer had it been equipped differently. Even in the deposition excerpt that was presented, Yolanda never explained why she failed to see the trailer. The photographs in this case did nothing to prove causation. Therefore, summary judgment was properly granted.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court