Patterson v. T. L. Wallace Constr., Inc., et al.
| Docket Number: | 2010-CA-01812-COA Linked Case(s): 2010-CA-01812-COA ; 2010-CT-01812-SCT ; 2010-CT-01812-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-02-2013 |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Russell, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Hazardous condition - Circumstantial evidence Judge(s) Concurring: Lee, C.J., Irving, P.J., Ishee and Roberts, JJ. Non Participating Judge(s): Carlton and Fair, JJ. Dissenting Author : Maxwell, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-11-2010 Appealed from: Marion County Circuit Court Judge: R.I. Prichard, III Disposition: SUMMARY JUDGMENT GRANTED TO APPELLEES Case Number: 2009-0043P |
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| Note: | On May 2, 2013, the Supreme Court reversed the Court of Appeals and reinstated the summary judgment granted by the circuit court. The SCT opinion can be found at http://courts.ms.gov/Images/Opinions/CO83545.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Carl Patterson, Jr. |
ANDREW LAMPROS
AUDRY REGNAL BLACKLEDGE MATTHEW A. CATHEY |
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| Appellee: | T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc. | WALTER WILLIAM DUKES ROGER C. RIDDICK BRADLEY SMITH KELLY | ||
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| Topic: | Personal injury - Hazardous condition - Circumstantial evidence |
| Summary of the Facts: | Carl Patterson was injured in a single motorcycle accident. Patterson alleged he lost control of his motorcycle due to debris in the roadway. He claimed the debris was located where a dirt “haul road” intersected with the paved road surface of Cross Creek Parkway, which caused him to crash and receive severe injuries. As a result of the accident, Patterson sustained personal injuries, including the amputation of his right leg through the knee and a broken scaphoid bone in his wrist, which required surgery. Patterson filed suit against T.L. Wallace Construction, Inc. and Turtle Creek Development, Inc. TLW and Turtle Creek each filed a separate motion for summary judgment. The court granted both motions for summary judgment without hearing oral argument. Patterson appeals. |
| Summary of Opinion Analysis: | Patterson argues that there is evidence that Turtle Creek and TLW created a hazardous condition that caused Patterson’s accident and resulting injuries. Both Patterson and an eyewitness testified that there was debris in the roadway. Neither could testify as to the source of this debris. Neither of the Appellees could testify as to an alternate source of the accumulation in the roadway that led to Patterson’s wreck and injuries. There was evidence that the wreck occurred at the location of the work site. Neither Appellee provided any testimony or evidence to the contrary. A reasonable jury could infer that the Appellees, either or both, failed in their responsibilities and duties. Thus, summary judgment was inappropriate. Admittedly, there is no direct proof of how the debris came to be on the roadway. Still, the court was in error to grant summary judgment and preclude a jury from finding that the Appellees could have deposited the debris on the site and/or had a duty to warn Patterson of the danger. Although the proof may be only circumstantial, when the case turns on circumstantial evidence it should rarely be taken from the jury. |
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