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Date: 09-17-2024
Case Style:
Michael A. Fox v. Allen Automotive, Inc. and Titan Property Group, LLC
Case Number: 2023-CA-00441-COA
Judge: Christopher Louis Schmidt
Court: Circuit Court, Harrison County, Mississipp
Plaintiff's Attorney:
Defendant's Attorney: Tim G. Holleman
Description:
Gulfport, Mississippi personal injury lawyer represented the Plaintiff.
Michael Fox was injured when he stepped into a deep hole as he was walking his dog next to a car dealership's driveway while he waited for his car to be repaired. Fox sued the dealership, Allen Automotive Inc. ("Allen"),[1] for failure to maintain the premises in a reasonably safe condition and failure to warn. The circuit court granted summary judgment for Allen, finding that Fox exceeded the scope of his invitation, that he was a trespasser when he fell, and that there was no evidence that Allen willfully or wantonly injured him.
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"In a negligence action, the plaintiff must show duty, breach, causation, and damages." Clinton Healthcare LLC v. Atkinson, 294 So.3d 66, 71 (¶9) (Miss. 2019). In a premises liability case, the nature of the defendant's duty to the plaintiff depends on whether the plaintiff was an invitee, licensee, or trespasser at the time of the injury. Leffler v. Sharp, 891 So.2d 152, 156 (¶10) (Miss. 2004). The Mississippi Supreme Court has explained that an invitee is a person who goes upon the premises of another in answer to the express or implied invitation of the owner or occupant for their mutual advantage. A licensee is one who enters upon the property of another for his own convenience, pleasure, or benefit pursuant to the license or implied permission of the owner whereas a trespasser is one who enters upon another's premises without license, invitation, or other right. Id. at (¶11) (ellipsis omitted) (quoting Corley v. Evans, 835 So.2d 30, 37 (¶21) (Miss. 2003)).
Fox v. Allen Auto., 2023-CA-00441-COA (Miss. App. Sep 17, 2024)
Outcome: We hold that the circuit court erred by finding that Fox exceeded the scope of his invitation and became a trespasser, and there is a genuine issue of fact as to whether Allen breached its duty to Fox as an invitee. Therefore, we reverse and remand the case for further proceedings.
Plaintiff's Experts:
Defendant's Experts:
Comments: