Doe v. Jameson Inn, Inc.
56 So. 3d 549
| Miss. | 2011Background
- Appeal from Rankin County Circuit Court’s grant of summary judgment in favor of Jameson Inn, Kitchin Hospitality LLC, and Erica Covington.
- Ann Doe, age 13, was with peers who went from a theater across the street to the Jameson Inn after leaving Tinseltown.
- A group, including Ann and teenage boys, entered the Jameson Inn via the side door; a front-desk clerk allegedly did not observe them.
- In the hotel room, Ann and others smoked marijuana; Ann alleges she was raped by one of the boys in a hotel bathroom.
- The trial court held Ann’s status on the premises as a licensee, and granted summary judgment; the Does appeal.
- The court reviews a summary judgment de novo and considers whether there is no genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability vs. simple negligence ambiguity | Doe argues multiple theories may apply | Defendants contend premises liability governs the claim | Premises liability framework applies; Hoffman distinction not controlling for duty differentials |
| Ann Doe’s status as licensee or invitee | Ann should be an invitee due to mutual benefit | Ann is a licensee based on entering for own convenience | Court held Ann’s status is a question of law (licensee) given undisputed facts about purpose for entering |
| Abandonment of common-law distinctions | Minor exemption from classifications or adopt reasonable-care standard | Maintain trespasser/licensee/invitee distinctions for predictability | Court declines to abandon distinctions; rejects minor-exemption approach |
Key Cases Cited
- Hoffman v. Planters Gin Co., 358 So.2d 1008 (Miss. 1978) (premises liability duty limitations; Hoffman exception discussed)
- Little v. Bell, 719 So.2d 757 (Miss. 1998) (duty analysis and willful/wanton standard guidance)
- Adams v. Fred’s Dollar Store of Batesville, 497 So.2d 1097 (Miss. 1986) (classification of entrants; early authority on status-based duties)
- Keith v. Peterson, 922 So.2d 4 (Miss. Ct. App. 2005) (premises liability scope and related authorities)
- Presswood v. Cook, 658 So.2d 859 (Miss. 1995) (premises liability and related duty determinations)
- Steinberg v. Irwin Operating Co., 90 So.2d 460 (Fla. 1956) (Florida invitee/guest analysis informing invited status in hotel context)
- Pigg v. Express Hotel Partners, LLC, 991 So.2d 1197 (Miss. 2008) (patron as business invitee; hotel guest duties)
- Sharp v. Leffler, 891 So.2d 152 (Miss. 2004) (status as issue of law or fact; jury determination)