Todd v. First Baptist Church of West Point
| Docket Number: | 2007-CA-00729-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-30-2008 Opinion Author: Smith, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Negligence - Breach of duty - Breach of contract Judge(s) Concurring: Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. Non Participating Judge(s): Easley and Dickinson, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-27-2007 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: The trial court granted summary judgment in favor of First Baptist Church of West Point. Case Number: 2005-0222 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Kimberly Todd, Natural Mother and Next Friend of Lily Todd, a Minor |
R. Shane McLaughlin; Nicole H. McLaughlin |
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| Appellee: | First Baptist Church of Westpoint, Mississippi | Wade G. Manor; Kenneth T. O'Cain | ||
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 - Breach of duty - Breach of contract |
| Summary of the Facts: | Kimberly Todd, on behalf of her minor daughter, Lily Todd, filed suit against First Baptist Church of West Point for personal injuries Lily sustained while at the church’s daycare. The court granted summary judgment in favor of First Baptist, and Todd appeals. |
| Summary of Opinion Analysis: | Issue 1: Negligence The elements of a prima facie case of negligence are duty, breach, causation, and damages. The parties agree that First Baptist owed a duty to Lily and Todd. Therefore, the fact issues of breach and proximate cause to be determined by the jury must be supported by the plaintiff with credible evidence. The record shows that testimony, when viewed in the light most favorable to Todd, as required by law, could support a jury verdict in favor of Todd. Should the jury find that the daycare employee breached her duty when she did not keep the children in sight for two or three minutes, the jury could reasonably find for Todd. A school is not expected to insure children’s safety, but it must exercise the ordinary care of a reasonable person under similar circumstances. The daycare employee admitted that she had her back to Lily at the time of the incident and did not see how Lily was injured. A jury must decide what constitutes proper and adequate supervision for a two-year-old child. Therefore, summary judgment was improper. Issue 2: Breach of contract Both parties have stipulated that a valid contract existed between Todd and First Baptist for the care and supervision of Lily. Therefore, the issue of breach of contract is inexorably tied to the negligence action. |
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