Knight v. Picayune Tire Serv., Inc.
| Docket Number: | 2010-CA-00844-COA Linked Case(s): 2010-CA-00844-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-13-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Negligence - Unreasonably dangerous condition Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 04-13-2010 Appealed from: Pearl River County Circuit Court Judge: Prentiss Harrell Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED Case Number: 2008-0788H |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Paulette L. Knight |
JAMES M. PRIEST JR. |
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| Appellee: | Picayune Tire Services, Inc. | DORRANCE "DEE" AULTMAN JR. | ||
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 - Negligence - Unreasonably dangerous condition |
| Summary of the Facts: | In November 2008, Paulette Knight filed suit against Picayune Tire Services, Inc. asserting negligence claims related to a 2005 incident wherein Knight fell in Picayune Tire’s parking lot and allegedly suffered injuries. Picayune Tire filed a motion for summary judgment, which the circuit court granted. Knight appeals. |
| Summary of Opinion Analysis: | Knight has failed to establish that an unreasonably dangerous condition caused or contributed to her fall. Knight had walked through the parking lot from her vehicle to the store and then back to her vehicle without incident two times immediately prior to her fall. Although Knight asserts in her brief that a “seam” in an “irregularly shaped concrete patch” caused her to fall, the record does not support this contention. By her own testimony, Knight has admitted that she cannot identify exactly where she fell in the parking lot or what caused her to “trip,” and she was not observing the ground upon which she was walking prior to or during the fall. Normally encountered dangers such as curves, sidewalks, and steps are not hazardous conditions. Often such pathways contain crack and changes in elevation and do not become hazardous conditions simply because they contain minor imperfections or defects. |
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