Webb v. Imperial Palace of Miss., LLC
| Docket Number: | 2010-CA-00769-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-22-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Negligence - Voluntary act Judge(s) Concurring: Griffis, P.J., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Ishee, J. Dissenting Author : Irving, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 04-09-2010 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: GRANTED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT/APPELLEE Case Number: A2402-08-81 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mary Carolyn Webb |
S. CHRISTOPHER FARRIS |
|
|
| Appellee: | Imperial Palace of Mississippi, LLC | RONALD GILES PERESICH JR. LAUREN REEDER MCCRORY | ||
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 - Voluntary act |
| Summary of the Facts: | Mary Webb was standing facing a slot machine at Imperial Palace Casino in Biloxi, when James Taranto, an on-duty casino security officer, fell into her. Taranto and Webb fell to the floor. Webb and Taranto denied medical treatment. Webb filed a complaint against Imperial Palace seeking damages for injuries she sustained in the fall. Imperial Palace moved for summary judgment, which the trial court granted. Webb appeals. |
| Summary of Opinion Analysis: | Webb argues that summary judgment should not have been granted because it is disputed whether Taranto fainted or simply tripped and fell into her. A plaintiff must submit proof of the four elements of tort, including duty, breach of the duty, causation, and damages, in order to support a negligence claim. Because negligence presupposes a voluntary act, the actor cannot be negligent for what he does or fails to do while he is unconscious. However, the actor will be negligent if he fails to heed a warning in the way that a reasonable man would. Imperial Palace asserted as an affirmative defense that Taranto had lost consciousness; thus, he did not act negligently. Imperial Palace relied on Taranto’s testimony, Taranto’s lack of history of fainting, and a doctor’s statement that Taranto had no medical condition that would have caused him to faint. In order to prevail on her claim, Webb must show that Taranto was conscious when he fell into her. Webb has admitted that she does not know why Taranto fell. Webb argues that Taranto’s testimony is contradictory. However, Taranto consistently maintained that he lost consciousness and did not remember the incident. Since no genuine issue of material fact has been presented regarding Taranto’s negligence, summary judgment was properly granted. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
