117 So. 3d 678
Miss. Ct. App.2013Background
- Bonner, a business invitee, sued Imperial Palace of Mississippi LLC (IPM) for a 2010 slip-and-fall at the Back Bay Buffet in Biloxi.
- She fell near the orange-juice station after losing balance; a wet substance and a smashed grape were observed nearby.
- Dipuma, a third party, saw a wet spot and grape; he did not know the source or duration of the hazard.
- IPM employees and surveillance indicated cleaning efforts around the area; video showed no spills in the ten minutes before Bonner’s fall.
- IPM moved for summary judgment; the circuit court granted it, concluding no genuine issue of material fact on duty, notice, or causation.
- Appellate review was de novo; the court affirmed, rejecting Bonner’s mode-of-operation theory and finding no evidence of dangerous condition or IPM knowledge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mode-of-operation theory viability | Bonner argues mode-of-operation creates duty without notice. | IPM contends Mississippi has not adopted mode-of-operation. | Mode-of-operation theory rejected; not recognized in Mississippi. |
| Negligence by IPM caused injury | IPM’s serving of loose grapes and cleanup failures caused the fall. | No proof IPM’s acts caused the grape on the floor; no dangerous condition proven. | No genuine issue whether IPM’s acts caused the fall. |
| Actual knowledge of dangerous condition | Prior grape incidents show IPM had actual knowledge. | Prior incidents are insufficient to prove actual knowledge under Massey. | Insufficient to establish IPM had actual knowledge. |
| Constructive knowledge of dangerous condition | Grape/liquid existed for more than ten minutes, imputed constructive knowledge. | Record shows no duration; no evidence it existed long enough for IPM to know. | No evidence of duration; no constructive knowledge shown. |
Key Cases Cited
- Drennan v. Kroger Co., 672 So.2d 1168 (Miss. 1996) (duty to keep premises reasonably safe; notice not automatic)
- Choo v. Downs, 656 So.2d 84 (Miss. 1995) (constructive knowledge and dangerous condition standard)
- Byrne v. Wal-Mart Stores, Inc., 877 So.2d 462 (Miss.Ct.App. 2003) (mode-of-operation theory rejected)
- Sullivan v. Skate Zone, 946 So.2d 828 (Miss.Ct.App. 2007) (mode-of-operation rejected; traditional premises-liability tests apply)
- Hartford Ins. Grp. v. Massey, 216 So.2d 415 (Miss. 1968) (proving danger with prior incidents; limited admissibility)
- F.W. Woolworth Co. v. Stokes, 191 So.2d 411 (Miss. 1966) (reasonable precautions vs. mode of doing business)
- Merritt v. Wal-Mart Stores, Inc., 911 F.Supp. 242 (N.D. Miss. 1995) (discusses mode-of-operation history; federal authority)
- Karpinsky II, 109 So.3d 84 (Miss. 2013) (limits on notice; distinction of actual vs. constructive knowledge)