Dickinson v. Vanderburg
141 So. 3d 455
| Miss. Ct. App. | 2014Background
- On May 29, 2009, Gae Dickinson tripped on a raised threshold entering Wash & Dry in Olive Branch, MS, and sued operator Jonathan Vanderburg (d/b/a Wash & Dry) and building owner Howard Sidney Vanderburg.
- Sidney owned the building and leased it to Jonathan; Jonathan operated the business.
- Sidney moved for summary judgment; Jonathan joined. After a hearing, the trial court granted summary judgment for both defendants.
- The trial court held Sidney (lessor) not liable and found the threshold was not unreasonably dangerous.
- Dickinson appealed only the ruling as to Jonathan, arguing the threshold height posed a jury question of unreasonable danger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the raised threshold was an "unreasonably dangerous" condition | Dickinson: ~2" raised threshold was unreasonably dangerous; required corrective measures or warnings (paint/signs). | Vanderburg: threshold was an undamaged, common architectural feature not unreasonably dangerous. | Court: Threshold not unreasonably dangerous as a matter of law; summary judgment for Vanderburg affirmed. |
| Whether Vanderburg had actual or constructive knowledge of a dangerous condition | Dickinson: operator should have known and corrected/ warned. | Vanderburg: no dangerous condition existed; no duty breached. | Court: No dangerous condition to impute knowledge; plaintiff failed to show requisite proof. |
Key Cases Cited
- City of Jackson v. Sutton, 797 So.2d 977 (Miss. 2001) (summary-judgment de novo review and evidence considered)
- Karpinsky v. American Nat’l Ins. Co., 109 So.3d 84 (Miss. 2013) (movant’s burden and plaintiff’s burden of production at summary judgment)
- Miller v. R.B. Wall Oil Co., 970 So.2d 127 (Miss. 2007) (owner/operator must have actual or constructive knowledge of condition created by others)
- Rod v. Home Depot USA, Inc., 931 So.2d 692 (Miss. Ct. App. 2006) (three-step premises-liability analysis and invitee duties)
- Byrne v. Wal-Mart Stores, Inc., 877 So.2d 462 (Miss. Ct. App. 2003) (proof requirements for negligence, actual knowledge, or constructive knowledge)
- McGovern v. Scarborough, 566 So.2d 1225 (Miss. 1990) (raised threshold held not unreasonably dangerous as a matter of law)
- Tharp v. Bunge Corp., 641 So.2d 20 (Miss. 1994) (open-and-obvious danger affects damages, not necessarily liability)
- Wood v. RIH Acquisitions MS II, 556 F.3d 274 (5th Cir. 2009) (undamaged thresholds, curbs, and steps may be found not unreasonably dangerous)