294 So.3d 66
Miss.2019Background
- On Dec. 24, 2015 Mary Mac Atkinson slipped and fell in a Clinton Healthcare hallway near a shower room and injured her knee; Clinton Healthcare contracted Felder Services for housekeeping.
- Several witnesses gave conflicting testimony: some observed a clear/damp substance (likely water) and wetness on Atkinson’s shoe or a sheet; others said no liquid was present.
- Clinton Healthcare viewed surveillance video of the North Hall but the portion showing the fall was not preserved; its system auto‑erased recordings after roughly ten days, and the video was gone before suit was served.
- Atkinson moved for a spoliation determination (seeking a jury instruction), and for partial summary judgment on liability; Clinton Healthcare moved for summary judgment.
- The county court granted spoliation, ordered an inference instruction, denied defendant’s summary‑judgment motion, and granted Atkinson partial summary judgment on liability; Clinton Healthcare obtained interlocutory review in the Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment for defendant was proper | Clinton Healthcare created the hazard (wetness from showered residents), so factual disputes should go to jury; therefore summary judgment should be denied | No proof of what the substance was or how it got there; no basis to infer proprietor created condition | Affirmed denial of defendant’s motion for summary judgment — genuine factual disputes exist |
| Whether plaintiff was entitled to partial summary judgment on liability | Evidence (location near shower, recent showers, damp sheet/shoe) establishes proprietor‑created condition so no notice required | Multiple witnesses denied any liquid; credibility conflicts make liability a jury question | Reversed grant of plaintiff’s partial summary judgment — credibility conflicts create genuine issues of material fact |
| Whether court properly ordered a spoliation inference instruction pretrial | Atkinson: defendant viewed but did not preserve video; instruction appropriate | Clinton Healthcare: loss was not necessarily negligent or intentional; pretrial instruction premature | Vacated spoliation order as premature — instruction requires evidence presented at trial so jury can decide reason for loss |
| Whether Supreme Court had jurisdiction to hear interlocutory county‑court appeal | (implicit) appellee did not contest timeliness and procedural route | Clinton Healthcare argued appeal improper under Miss. Code § 11‑51‑79 (interlocutory appeals from county court prohibited) | Majority rejected jurisdictional challenge based on court rules precedent and proceeded; a dissent argued the Supreme Court lacks jurisdiction and the appeal should be dismissed |
Key Cases Cited
- Hardy ex rel. Hardy v. K Mart Corp., 669 So. 2d 34 (Miss. 1996) (standard for reviewing summary judgment and negligence elements)
- Drennan v. Kroger Co., 672 So. 2d 1168 (Miss. 1996) (business owner duty to invitees and when proof of knowledge is unnecessary)
- Mumford, Inc. v. Fleming, 597 So. 2d 1282 (Miss. 1992) (circumstantial evidence can make causation a jury question)
- Miss. Winn‑Dixie Supermarkets v. Hughes, 156 So. 2d 734 (Miss. 1963) (reasonable inferences from surrounding facts support jury submission)
- DeLaughter v. Lawrence Cty. Hosp., 601 So. 2d 818 (Miss. 1992) (requirements for spoliation instruction and role of jury)
- Teal v. Jones, 222 So. 3d 1052 (Miss. Ct. App. 2017) (pretrial spoliation rulings cannot substitute for trial evidence)
- Renner v. Retzer Resources, Inc., 236 So. 3d 810 (Miss. 2017) (when doubt exists, denial of summary judgment favors trial)
- Brown v. Collections, Inc., 188 So. 3d 1171 (Miss. 2016) (procedural rule precedent addressing appeals from county court invoked by majority)
- Drummond v. State, 185 So. 207 (Miss. 1938) (legislature’s plenary power over appellate jurisdiction)