Bruce Patterson v. Mi Toro Mexican, Inc., 270 So. 3d 19

On Nov. 5, 2014, Patterson slipped and fell on a short, yellow-painted wheelchair ramp while leaving Mi Toro Mexican (takeout) in Corinth during rain.
Patterson claimed the ramp was "slick," possibly freshly painted, and lacking grit (sand/gravel); he had used the same door ~10 prior times without incident.
Mi Toro’s manager testified the ramp had not been painted since ~2012 and no other customers had reported slipping there.
Patterson sued for premises liability, alleging Mi Toro failed to keep the premises safe; Mi Toro moved for summary judgment.
The circuit court granted summary judgment for Mi Toro; Patterson appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ramp constituted a "dangerous condition"	Ramp was "slick" when wet and freshly painted, causing fall	Ramp was an ordinary, lawful wheelchair ramp not recently painted; no prior incidents or evidence of defect	Court: No genuine issue; no dangerous condition shown; summary judgment affirmed
Whether plaintiff produced sufficient evidence beyond his fall and opinion	Patterson relied on his testimony and fiancé's that ramp was slick/freshly painted	Mi Toro produced contrary testimony about painting and lack of prior slips; no evidence of paint type or defect	Court: Plaintiff’s testimony alone insufficient to create triable issue
Whether constructive or actual notice of hazard existed	Implied notice from alleged fresh paint and slickness at time of fall	Mi Toro lacked knowledge and presented evidence ramp hadn't been painted recently and no similar incidents	Court: No evidence of operator knowledge or dangerous condition shown
Whether ordinary ramp design or maintenance can give rise to liability	Argued lack of grit in paint made ramp unreasonably slippery	Defendant asserted ramp was properly maintained and required accommodation, not inherently dangerous	Court: Ordinary ramp is not per se dangerous; plaintiff failed to show unusual or defective condition

Karpinsky v. American National Insurance Co., 109 So. 3d 84 (Miss. 2013) (summary-judgment standard reviewed de novo)
Jerry Lee's Grocery Inc. v. Thompson, 528 So. 2d 293 (Miss. 1988) (business owes invitees duty to keep premises reasonably safe)
Jones v. Wal-Mart Stores E. LP, 187 So. 3d 1100 (Miss. Ct. App. 2016) (fall alone insufficient to establish liability; need dangerous condition)
McCullar v. Boyd Tunica Inc., 50 So. 3d 1009 (Miss. Ct. App. 2010) (plaintiff must prove existence of dangerous condition)
Stanley v. Boyd Tunica Inc., 29 So. 3d 95 (Miss. Ct. App. 2010) (no liability where no dangerous condition exists)
Vivians v. Baptist Healthplex, 234 So. 3d 304 (Miss. 2017) (no reasonable jury could find unreasonably dangerous absent evidence beyond plaintiff's fall)
Treadwell v. Circus Circus Mississippi, Inc., 942 So. 2d 221 (Miss. Ct. App. 2006) (plaintiff testimony that floor was "slippery" insufficient to avoid summary judgment)
Case v. Board of Supervisors of Lauderdale County, 164 So. 3d 1043 (Miss. Ct. App. 2014) (opinion that ramp was "slick" without supporting evidence insufficient)

Affirmed: summary judgment for Mi Toro (no genuine issue that ramp was a dangerous condition).