309 So.3d 567
Miss. Ct. App.2020Background
- On August 16, 2013, Anita Carroll fell on a grooved concrete handicap ramp/sidewalk at Singing River mall in Gautier, injuring her left knee.
- The Carrolls alleged a raised seam/elevation difference (Roy estimated 2.5–3 inches) at the joint of two concrete sections caused the fall; Anita photographed the area and completed an incident report at the mall.
- The Carrolls filed suit on August 15, 2016, claiming Singing River negligently failed to maintain the premises and failed to warn; Roy asserted a derivative loss-of-consortium claim.
- Singing River moved for summary judgment arguing the defect was a common architectural condition (not unreasonably dangerous) and, alternatively, open and obvious.
- The circuit court granted summary judgment for Singing River on liability; the Carrolls appealed.
- The Court of Appeals affirmed, finding no genuine issue that the sidewalk condition was an unreasonably dangerous defect supporting premises-liability liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sidewalk condition was an unreasonably dangerous condition | Carroll: raised seam / 2.5–3" elevation and photos show a dangerous defect | Singing River: architectural/common condition; minor variation not hazardous; no expert proof | Held: No dangerous condition as a matter of law; summary judgment affirmed |
| Whether Singing River had notice or should have warned (open-and-obvious / prior incidents) | Carroll: mall security reported a prior fall; incident report made the next day | Singing River: condition was open and obvious and there is no proof of constructive/actual knowledge | Held: Court treated condition as obvious/common and found no genuine fact issue of notice or hidden danger |
Key Cases Cited
- Burns v. Gray, 270 So. 3d 1084 (Miss. Ct. App. 2018) (summary-judgment standard and viewing evidence for nonmovant)
- Jerry Lee's Grocery Inc. v. Thompson, 528 So. 2d 293 (Miss. 1988) (invitee duty and role of actual or constructive knowledge)
- Jones v. Wal-Mart Stores E. LP, 187 So. 3d 1100 (Miss. Ct. App. 2016) (store owner not insurer; common sidewalk imperfections not automatically hazardous)
- Keckley v. Estes Equip. Co., 276 So. 3d 1230 (Miss. Ct. App. 2018) (minor imperfections/changes in elevation on pathways do not necessarily create hazardous condition)
- Griffin v. Grenada Youth League, 230 So. 3d 1083 (Miss. Ct. App. 2017) (no liability for slight variation between adjoining paving blocks)
- Stanley v. Morgan & Lindsey Inc., 203 So. 2d 473 (Miss. 1967) (even substantial elevation differences may be nonactionable if open, obvious, and not inherently dangerous)