 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Heard v. Invervest Corporation3/11/2003
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED - 03/11/2003
. Gwendolyn Strong was killed on May 3, 1997, when a vehicle jumped a curb and struck her. Eva Lois Heard, acting as the personal representative of Gwendolyn Strong, filed a wrongful death action against Intervest Corporation, the owner of the apartment complex where the accident occurred. The trial court granted Intervest a summary judgment, and Heard now appeals, raising two issues:
I. CARPENTER V. STOP-N-GO MARKETS OF GEORGIA, INC., 512 So. 2d 708 (Miss. 1987) DOES NOT GOVERN WHEN AN ACCIDENT OCCURS OUTSIDE A STRUCTURE; AND
II. INTERVEST OWED A DUTY TO GWENDOLYN STRONG BECAUSE THE ACCIDENT OCCURRED IN A COMMON AREA.
STATEMENT OF THE FACTS
. On May 3, 1997, Gwendolyn Strong was sitting in front of her apartment building talking to a neighbor. Painters were painting a nearby apartment, and they had moved furniture from that apartment and placed it on a sidewalk in front of the building. Meanwhile, as alleged in the pleadings, Cedric Collins was too inebriated to drive, so he had his nine-year-old daughter drive for him while he rode as a passenger in his car. The car was speeding through the complex's parking lot, when it jumped the curb in front of Strong's building, ran into the sitting area, and struck Strong. An ambulance transported Strong to a hospital where she died of the injuries she sustained in the accident. According to the site manager, no similar accidents had occurred at that apartment complex.
. Eva Heard then sued Intervest Corporation and Collins for Strong's wrongful death. According to the complaint, Intervest was negligent for failing to provide proper security personnel and failing to build a barrier to keep speeding automobiles from jumping curbs in the complex.
. On November 27, 2001, the trial court granted summary judgment for Intervest, stating that the instant case is governed by Carpenter v. Stop-n-Go Markets of Georgia, Inc., 512 So. 2d 708 (Miss. 1987). Heard then appealed.
LEGAL ANALYSIS
I. Standard of Review
. The well-settled standard of review for summary judgments is de novo. Crum v. Johnson, 809 So. 2d 663, 665 ( ) (Miss. 2002) (citing Aetna Cas. & Sur. Co. v. Berry, 669 So. 2d 56, 70 (Miss.1996)) (citing Mantachie Natural Gas Dist. v. Miss. Valley Gas Co., 594 So. 2d 1170, 1172 (Miss.1992)); Langston v. Bigelow, 820 So. 2d 752, 755 ( ) (Miss. Ct. App. 2002). Evidentiary matters are viewed in the light most favorable to the non-moving party. Travis v. Stewart, 680 So. 2d 214, 216 (Miss. 1996) (citing Palmer v. Biloxi Reg'l Med. Ctr., Inc. 564 So. 2d 1346, 1354 (Miss. 1990)). The lower court's decision to grant summary judgment will be reversed if a triable issue of material fact exists. If no such issues exist, we will affirm the decision. Id. (citing Brown v. Credit Ctr., Inc., 444 So. 2d 358, 362 (Miss. 1983)).
Rule 56(e) of the Mississippi Rules of Civil Procedure states:
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleadings, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment if appropriate shall be entered against him
II. Carpenter Governs and Intervest Owed no Duty to Strong
. This Court finds that a motion for summary judgment was appropriate since both parties agreed to the material facts in this case: that Strong was sit
Page 1 2 3 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|