330 So.3d 434
Miss. Ct. App.2021Background
- On May 23, 2015, Cassandra Jackson Green slipped and fell in a slimy/clear liquid in front of a bagged-ice machine at McComb Market; she completed an accident report describing the substance and location.
- Green and her daughter testified to a puddle and a trail of liquid coming from the ice machine; Green also recalled overhearing managerial statements referencing freezer problems.
- Store employees testified there were normally a mat and sometimes a "wet floor" sign by the ice machine, but they denied knowledge of a leak that day; managers averred aisles were checked hourly and the front aisle was inspected ~10 minutes before the fall (maintenance log initialed).
- The store’s surveillance video from 2015 was unavailable after a camera-system replacement; Green argued spoliation because company policy sometimes required sending video to the home office.
- The Market moved for summary judgment asserting no evidence it caused the liquid or had notice; the circuit court granted summary judgment for the Market. Green appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether direct or circumstantial evidence created a genuine issue that the Market caused the liquid or had actual/constructive notice | Green: puddle and trail from ice machine, missing mat, wet-floor signs, manager remarks — circumstantial evidence supports causation/notice | Market: no testimony any employee saw/liquid or caused it; hourly inspections (last 10 minutes before fall); machine normally stocked at night; no records of leakage that day | Affirmed summary judgment — Green failed to present admissible evidence that Market caused or knew (actual or constructive) of the hazardous condition |
| Whether spoliation of surveillance video precluded summary judgment or warranted an adverse inference | Green: Market failed to preserve video and company policy produced copies; missing video should preclude summary judgment or allow adverse inference | Market: video unavailable due to system change; no notice of pending litigation or duty to preserve (Green delayed nearly three years); spoliation alone cannot defeat summary judgment when plaintiff lacks supporting evidence | Held: spoliation claim insufficient to defeat summary judgment — no evidence Market knew to preserve video and spoliation standing alone does not save an otherwise unsupported claim |
Key Cases Cited
- Miss. Winn-Dixie Supermarkets v. Hughes, 156 So. 2d 734 (Miss. 1963) (circumstantial evidence can establish negligence)
- Clinton Healthcare LLC v. Atkinson, 294 So. 3d 66 (Miss. 2019) (spoliation instruction must be supported by trial evidence; summary-judgment context)
- Elston v. Circus Circus Mississippi Inc., 908 So. 2d 771 (Miss. Ct. App. 2005) (circumstantial evidence upheld to create jury question in slip-and-fall)
- Hearn v. Square Prop. Invs. Inc., 297 So. 3d 292 (Miss. Ct. App. 2020) (fall alone insufficient; plaintiff must show causation or proprietor’s notice)
- Rod v. Home Depot USA Inc., 931 So. 2d 692 (Miss. Ct. App. 2006) (identifies means to recover for business-invitee slip-and-fall)
- Guzman v. Jones, 804 F.3d 707 (5th Cir. 2015) (duty to preserve evidence arises once litigation is foreseeable)
- Renner v. Retzer Res. Inc., 236 So. 3d 810 (Miss. 2017) (spoliation allegations do not automatically defeat summary judgment when plaintiff lacks evidence)