EMJ Corp. v. Contract Steel Constr., Inc.
| Docket Number: | 2010-CA-01076-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Standing to appeal Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 06-22-2010 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE Case Number: CV2008-0148 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EMJ Corporation |
PAUL P. BLAKE
RONALD L. HARPER
CHARLES R. PATRICK |
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| Appellee: | Contract Steel Construction, Inc. | EDWARD I. CURRY III ROBERT A. TALLEY | ||
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: | Contract - Standing to appeal |
| Summary of the Facts: | In January 2005, EMJ Corporation entered into an agreement with Contract Steel Construction Inc. to serve as a subcontractor on a construction project in DeSoto County, on which EMJ was serving as the general contractor. Part of CSC’s duties included the installation of a roof ladder, otherwise known as a ships ladder. The ladder was manufactured by a third party, delivered to the job site, and installed by CSC in April 2005. An authorized EMJ representative inspected the ladder and approved installation. Approximately two weeks later, John Meeker was injured after falling down the ladder. Meeker filed suit naming EMJ and CSC, among others, as defendants. EMJ then filed a countersuit against CSC claiming CSC breached its contract by failing to install non-slip surfaces on the ladder’s steps, thereby causing Meeker’s fall. The court granted CSC’s motion for summary judgment. EMJ appeals. |
| Summary of Opinion Analysis: | EMJ argues the circuit court erred by granting summary judgment in favor of CSC with regard to Meeker’s claims. However, EMJ does not have standing to appeal the circuit court’s dismissal of CSC from Meeker’s case. The law is clear that one may not appeal a judgment to which he or she is not a party unless he or she retains a personal stake in the outcome of the appeal and is thereby aggrieved by the underlying judgment. Here, Meeker adopted by reference EMJ’s response to CSC’s motion for summary judgment and agreed with EMJ’s argument that CSC was negligent in permanently installing a ladder not conforming to CSC’s contract. However, Meeker reiterated his position that despite his claim against CSC, EMJ was independently negligent in causing his injuries. As such, the absence of CSC in Meeker’s case would not eliminate EMJ’s liability, and EMJ has put forth no evidence that it would directly suffer from CSC’s dismissal. In addition, EMJ accepted CSC’s final installation of the ladder which eliminated any possible liability on CSC’s part. |
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