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Jacox v. Circus Circus of Mississippi7/26/2005
that the dangerous condition existed for such a length of time that, in the exercise of reasonable care, the proprietor should have known of that condition. Munford, 597 So. 2d at 1284. The plaintiff must produce admissible evidence of the length of time that the hazard existed and the court will indulge no presumptions to compensate for any deficiencies in the plaintiff's evidence as to the time period. Waller, 492 So. 2d at 286. The plaintiff must present specific proof as to the actual relevant length of time. Dickens v. Wal-Mart Stores, Inc., 841 F. Supp. 768, 771 ( S.D. Miss. 1994).
. Jacox has offered no evidence that Gold Strike or any individual under its control caused or contributed to the overflowing toilet. Thus, Jacox has no proof that Gold Strike caused a dangerous condition as required by law. Furthermore, Jacox has presented no evidence that Gold Strike had actual knowledge of any dangerous condition in the men's bathroom. Likewise, Jacox has failed to show that Gold Strike maintained constructive knowledge of any dangerous condition in the bathroom. Jacox admits in his own deposition that there was no visible indication of a problem with the toilet prior to using it. He asserts that Gold Strike should have had bathroom attendants in its bathrooms at all times to prevent toilets from overflowing. However, there is no way that a hypothetical bathroom attendant could have seen a problem with the offending toilet if Jacox himself had not seen any. Jacox also offers no evidence that Gold Strike fell below any recognized standard of care in its maintenance or cleaning of its bathroom. Jacox challenges any reliance upon his deposition, as he asserts that it was taken after the deadline for discovery had expired. However, Jacox waived any challenge to the deposition when he agreed to the taking of the deposition after the deadline. Furthermore, he was not prejudiced by the taking of the deposition, and failed to object to the deposition at trial. See Patterson v. State, 594 So. 2d 606, 609 (Miss. 1992) (our courts will not consider arguments or objections raised for the first time on appeal). Finally, Jacox can offer no legally sufficient proof of damages beyond his own bare assertions.
. Taking all evidence in the light most favorable to Jacox, there are no material issues of fact that require presentation to a jury. Therefore, we must hold that the trial court did not err in granting Gold Strike's motion for summary judgment. We admit that it takes some measure of bravery to enter into a courtroom as a pro se plaintiff against an experienced and well-funded opponent. However, such action cannot change the hard fact that Jacox simply has no legally cognizable case. Finding no error, we affirm.
. THE JUDGM ENT OF THE TUNICA COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS AND BARNES, JJ., CONCUR.
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