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Hudson v. Courtesy Motors9/13/2001
DATE OF JUDGMENT: 07/28/1999
TRIAL JUDGE: HON. RICHARD W. McKENZIE
COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 09/13/2001
. Mayvalan Hudson filed this personal injury lawsuit against Courtesy Motors, Inc. (CMI) seeking damages for injuries suffered when she slipped and fell while on the CMI premises. The Forrest County Circuit Court granted summary judgment to CMI, finding that Hudson's legal status was that of a licensee rather than an invitee, and thus CMI's duty to Hudson was to refrain from willfully or wantonly injuring her. The circuit court also found that Hudson had failed to show any willful or wanton conduct on the part of CMI and that the active conduct exception was not applicable in cases such as this one where the licensee was injured due to the condition of the premises, or passive negligence. Aggrieved, Hudson appeals raising three issues, which we combine as follows:
WHETHER THE TRIAL COURT ERRED IN FINDING HUDSON TO BE A LICENSEE AND IN GRANTING SUMMARY JUDGMENT TO CMI ON THAT BASIS, WHEN THERE WERE UNRESOLVED ISSUES OF FACT REGARDING LEGAL STATUS AND DUTY OWED.
We agree with the circuit court and affirm.
FACTS
. Mayvalan Hudson was injured when she slipped and fell while on the premises of Courtesy Motors, Inc., a Hattiesburg used car dealership. Hudson now alleges that CMI caused her injuries by negligently remaining open for business even though its used car lot building was in a state of disrepair due to very recent storm damage. Although the facts surrounding the accident itself are simple, resolution of this case requires inquiry into the business relationship which led Hudson to be on CMI's premises in the first place.
. On June 8, 1998, Hudson went to CMI to find a man named Billy Johnston, who purchased used cars and trade-ins from CMI, as well as from other dealers, for resale to individuals and other used car dealers. Johnston had once been employed by CMI, but he had been self- employed in the wholesale used car business for many years. Apparently CMI had sold one of its used cars to Johnston, but retained possession of the certificate of title (which identified Johnston's business as the car's owner), pending Johnston's payment of the purchase price. Johnston subsequently sold the car to Hudson's used car dealership, and Hudson, in turn, found a buyer for the car. In order to finalize this multi-step sales transaction, it was necessary for Hudson to obtain the certificate of title for the car from Johnston, and deliver payment to him. It is undisputed that, in her effort to locate Johnston for that purpose, Hudson was at CMI's place of business, on Pine Street, where many of the automobile dealerships in Hattiesburg are located.
. CMI's used car lot building at 1500 Pine Street, on the day in question, had all its doors standing open, in order to hasten the drying-out process necessitated by the storm damage. It is undisputed that Hudson knew that the carpet was still wet as she walked on it. After entering the building and walking on the wet carpet, Hudson left the building through the front door, and while walking down a concrete ramp in front of the building, she lost her balance, slipped and fell on her buttocks and lower back.
. Hudson's complaint stated that she was on the premises of CMI "as a business invitee, in order to transact the purchase of a used motor vehicle." She alleged that her injuries occurred upon premises under the control of CMI and that CMI's negligence was the proximate cause of her injuries. Additionally, she
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