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Washington v. Casino America6/25/2002
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT FOR DEFENDANT
DISPOSITION: AFFIRMED
. Thelma Washington, Irene Epps, Zenester Moore, Loevern Buchanan and Betty Wren (Appellants) filed suit against Casino America, Inc., doing business as the Isle of Capri of Vicksburg, seeking to recover damages allegedly sustained in an automobile accident that occurred on the premises of the Casino. The Warren County Circuit Court granted summary judgment in favor of the Casino. The Appellants have appealed that decision.
FACTS
. All of the Appellants herein were passengers in an automobile which was owned and being driven on the parking lot of the Casino by Washington. Washington was attempting to turn into a parking space which had just been vacated when another vehicle collided with her automobile. Travis Lewis, a Casino security officer, was patrolling the parking lot at the time and, having observed the two vehicles, went to the scene. Lewis prepared a written report of the incident in which he indicated that he thought that the drivers of the two automobiles were having an argument over the parking space. Consequently, he asked the male driver to allow the female driver to have the parking space and told the male driver that he would assist him in finding another parking space. The male driver then drove away. Lewis wrote in his report that it was only after the male driver had driven away that he was informed by the female driver that an accident had occurred. His report states that he observed only a small dent to the bumper of Washington's automobile. The male driver, who left the scene, has never been identified.
. One of Washington's passengers attempted to get the tag number of the vehicle; however, that attempt was fruitless. An officer with the Vicksburg Police Department also came to the scene but refused to get involved in the matter because it occurred on private property. Washington later went to the Vicksburg Police Department and personally filed a complaint about the accident.
. The suit filed by the Appellants sought to recover damages for injuries allegedly sustained in the collision on the grounds that (1) the Casino was responsible for policing and investigating the parking lot and (2) the failure of the Casino (a) to keep the adverse vehicle on the scene, (b) to obtain information necessary to determine the adverse driver's identity, (c) to properly investigate the subject incident, and to otherwise properly supervise and police the subject premises.
. In its order granting summary judgment, the lower court found that the Casino merely responded to an accident on its premises and the "fact that the [Casino's] employee responded to the accident and was given some information, i.e., names of parties involved, did not create a duty on the part of the [Casino] to the [Appellants] to gather and retain information, or restrain a third party from leaving the premises." The lower court further held that the Appellants "failed to establish a legal duty owed to them by the [Casino] that was breached."
ANALYSIS OF ISSUE PRESENTED
. Mississippi appellate courts apply a de novo standard of review to a lower court's grant or denial of summary judgment. Hudson v. Courtesy Motors, Inc., 794 So. 2d 999, 1002 ( ) (Miss. 2001). Summary judgment is allowed where there is no genuine issue of material fact, and the moving party is entitled to summary judgment as a matter of law. M.R.C.P. 56(c). On appeal, the lower court's decision is reversed only if it appears that triable issues of fact remain when the facts are viewed in the light most favorabl
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