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Jacox v. Circus Circus of Mississippi7/26/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 07/26/2005
BEFORE KING, C.J., MYERS AND ISHEE, JJ.
. This cause was originally brought by pro se plaintiff Willie Jacox in the Circuit Court of Tunica County. Jacox filed suit against Circus Circus of Mississippi Inc. d/b/a as Gold Strike Casino Resort ("Gold Strike") on a premises liability cause of action. Gold Strike filed a motion for summary judgment, which was granted. Aggrieved by this decision, Jacox now appeals.
FACTS
. Willie Jacox is a resident of Centerville, Georgia. On or about November 30, 2002, Jacox visited the Gold Strike Casino for a night of gambling. After gambling for several hours, Jacox sought to relieve himself in one of the Casino's first floor restrooms. Jacox alleged in his original complaint that he began to defecate in a toilet and that after giving what he termed a "courtesy flush," the toilet rapidly overflowed. Jacox alleges that the rapidly rising flotsam startled him into jumping quickly from the toilet stool. Jacox alleges that jumping up caused him to slip and fall in the water and feces, injuring his wrist, back, leg, neck, and arm in the process. Jacox further alleges that after entreating Gold Strike employees for help, he was met with laughter and derision. Jacox filed suit against Gold Strike on March 7, 2003, seeking compensatory and punitive damages in the amount of $4,000,000 for his injuries. Both parties then proceeded with discovery. On September 26, 2003, counsel for Gold Strike traveled to Centerville, Georgia to depose Jacox. At his deposition Jacox provided a plethora of salient testimony that was ultimately devastating to his claim. Jacox testified that upon entering the bathroom stall, there was nothing in the toilet nor any indication that the toilet was functioning improperly. Jacox also admitted in discovery responses that he had not seen a doctor for any of the injuries that he had allegedly incurred as a result of his fall. Jacox did not name a single physician who would testify that any pain he may have felt was related to his visit to the Gold Strike Casino. Jacox did not depose anyone and instead relied on the allegations in his complaint.
. Gold Coast filed a motion for summary judgment on December 19, 2003, arguing that it was entitled to judgment as a matter of law. After a hearing on the motion for summary judgment on May 26, 2004, the trial court granted the motion. In its order the trial court held that Jacox had failed to establish a prima facie case of negligence against Gold Strike, and that he had likewise failed to establish that Gold Strike had actual or constructive notice of any dangerous condition. Aggrieved by this decision, Jacox asserts on appeal his sole assignment that the trial court erred by granting Gold Strike's motion for summary judgment.
ISSUES AND ANALYSIS
I. Whether the trial court erred in granting summary judgment in favor of Gold Coast.
. An appeal from summary judgment is reviewed de novo. Cossitt v. Alfa Ins. Corp., 726 So. 2d 132, 136 ( ) (Miss. 1998). Therefore, we must question whether the appellant is entitled to relief as a matter of law. "The standard for reviewing the granting or the denying of summary judgment is the same standard as is employed by the trial court under Rule 56 (c)." Dailey v. Methodist Medical Center, 790 So. 2d 903, 906-07 ( ) (MisS.Ct. App. 2001). This Court conducts a de novo review of any orders granting or denying summary judgment, as well as scrutinizing all evidence before it, such as pleadings, interrogatories, depositions, and affidavits, etc. Dailey, 790 So. 2d at 907. "The evidence must be vi
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