Cynthia B. Adams v. Anthony S. Hughes, Jr.
191 So. 3d 1236
Miss.2016Background
- Plaintiff Anthony Hughes sued the Electric Cowboy (a nightclub), its manager, and Cynthia Adams (the property owner) after Hughes was assaulted in the club's parking lot on July 15, 2011.
- Adams leased the premises to the Electric Cowboy under a written commercial lease; the lease included a percentage-rent clause (Adams entitled to 6% of gross sales) and reserved rights of entry for repairs/inspections.
- Adams moved for summary judgment, asserting she was an absentee landlord who did not possess, occupy, or control the premises and thus owed no duty to protect invitees from third-party assaults.
- Hughes opposed summary judgment, arguing the percentage-rent clause and other lease provisions gave Adams contractual control (or made her a joint venturer), imposing a duty to protect patrons.
- The trial court denied summary judgment; Adams sought interlocutory review. The Mississippi Supreme Court granted review, stayed proceedings, and subsequently reversed and rendered summary judgment for Adams.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Adams owed a duty to protect invitees from third-party assault because she had contractual rights under the lease | Hughes: percentage-rent clause plus reserved entry/inspection rights show contractual control, creating a duty | Adams: she is an absentee landlord with no possession, control, or operational involvement; reserved rights are typical landlord remedies and do not impose control | Court: No duty — lease rights (including percentage rent and entry/inspection) do not constitute possession or control sufficient to impose a duty to protect patrons |
| Whether Adams and Electric Cowboy were joint venturers/partners such that liability could be imputed to Adams | Hughes: percentage-rent interest makes Adams a joint venturer sharing control/profit and thus liable | Adams: lease merely creates a landlord-tenant relationship; no joint proprietary interest, mutual control, or contribution of property/management by Adams | Court: Not joint venturers — percentage rent is common in leases and does not create a joint venture or transfer operational control |
Key Cases Cited
- Monsanto Co. v. Hall, 912 So. 2d 134 (Miss. 2005) (standard of review for summary judgment)
- Kroger Co. v. Knox, 98 So. 3d 441 (Miss. 2012) (landowner duty to anticipate assault requires actual/constructive knowledge of assailant or violent atmosphere)
- Titus v. Williams, 844 So. 2d 459 (Miss. 2003) (absentee landlord who lacks possession/control and contractual repair obligations owes no duty to keep leased premises safe)
- Wilson v. Allday, 487 So. 2d 793 (Miss. 1986) (duty to keep leased premises safe lies with party in possession/control absent contractual allocation)
- Lawler v. Skelton, 130 So. 2d 565 (Miss. 1961) (percentage-interest in tenant’s operations does not by itself create a partnership or joint venture imposing liability on lessor)