111 So. 3d 610
Miss.2013Background
- Premises liability wrongful death action arising from drowning at an apartment pool.
- Ricco Handy, 17, and cousin Courtney visited uncle Craig Handy at Bellevue Place Apartments; pool was restricted to residents and accompanied guests.
- Ricco entered the pool area and swam in depths including 6 and 9 feet; he drowned after entering the deep end without supervision.
- Leasing provisions and posted regulations limited pool use to guests accompanied by a resident; a sign prohibited guests from entering without a resident.
- Lower courts held Ricco was an invitee; the supreme court affirmed the grant of summary judgment but held Ricco was a trespasser, not an invitee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What was Ricco Handy's status at the pool at the time of death? | Handy contends he remained an invitee under the tenant's invitation. | Nejam contends Handy became a trespasser by exceeding the invitation scope. | Handy was a trespasser when entering the pool area. |
| Did Nejam breach a duty to Handy under the applicable standard? | As invitee, Nejam owed reasonable care to Handy. | Because Handy was a trespasser, no duty beyond nonwillful harm applied. | No breach of duty found under the proper trespasser classification. |
| Should Mississippi abandon the invitee/licensee/trespasser distinctions in premises liability? and adopt a unitary duty of reasonable care? | Unitary duty better reflects modern negligence law and foreseeability. | Maintain traditional classifications to align with public policy and landowner control. | Court rejected abolition in majority; upheld summary judgment on other grounds. |
Key Cases Cited
- Leffler v. Sharp, 891 So.2d 152 (Miss.2004) (invitee status lapses when guest exceeds invitation)
- Howze v. Garner, 928 So.2d 900 (Miss.2005) (duty analysis in premises liability; knowledge of danger)
- Titus v. Williams, 844 So.2d 459 (Miss.2003) (determine injured party's status as part of duty analysis)
- Hoffman v. Planters Gin Co., Inc., 358 So.2d 1008 (Miss.1978) (invitee/licensee distinctions; duty origin)
- Kelley v. Sportsmen’s Speedway, Inc., 224 Miss. 632 (Miss.1955) (classic premises-liability framework for entrants)