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Heard v. Invervest Corporation3/11/2003
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IRVING, J., DISSENTING:
. I agree with the majority that, based on Carpenter v. Stop-N-Go Markets of Georgia, 512 So. 2d 708 (Miss. 1987), Intervest had no obligation to erect an impregnable barrier to prevent vehicles from being driven into the common area where Gwendolyn Strong was seated. However, I do not believe that this fact exonerates Intervest from potential liability on the peculiar facts of this case, or at the least, does not entitle it to summary judgment on the liability issue. Therefore, I dissent.
. I dissent because I believe a genuine issue of material fact exits with respect to whether Intervest was negligent in allowing or directing its employees to place, on the sidewalk, furniture which, according to the complaint, "prevented Gwendolyn Strong's escape and actually trapped her between the car and the wall of the building." It seems to me that whether Strong's escape was prevented by Intervest's placement of the furniture is a genuine issue of material fact affecting Intervest's liability, notwithstanding the negligence of Cedric Collins's minor daughter in driving her car into the common area where Strong was seated. Consequently, I would reverse and remand for a full jury trial on the merits of the complaint. A jury might ultimately decide that the placement of the furniture did not play any role in preventing Strong from avoiding the fatal impact. However, Strong's personal representative should not be precluded from having her day in court so that a jury might properly consider this issue.
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