Huynh v. Phillips
95 So. 3d 1259
| Miss. | 2012Background
- Phillips sued Elegant Nails for negligence in operation, negligence in maintenance, and gross negligence after allegedly sustaining a corneal abrasion when something hit her eye during acrylic nail application.
- Elegant Nails moved for summary judgment twice; the circuit court denied, and Phillips appealed via interlocutory appeal from the second denial.
- Phillips testified that something hit her eye during the buffing process but could not identify what caused the injury or the instrumentality involved.
- Treating physicians found nothing in Phillips’ eye to explain the scratch, and Phillips offered no evidence identifying how the injury occurred or what hit her eye.
- During proceedings, Phillips raised res ipsa loquitur, but the trial court denied summary judgment on that ground; on appeal, the issue is Whether res ipsa supports entry of summary judgment for Elegant Nails.
- The Mississippi Supreme Court ultimately reversed the circuit court and rendered judgment in favor of Elegant Nails.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res ipsa loquitur applicability | Phillips argues res ipsa applies because instrumentality was under defendant's control and ordinary care would have prevented the injury. | Elegant Nails contends Phillips failed to identify the instrumentality and show causation, so no presumption of negligence arises. | Res ipsa not proven; no presumption; denial of summary judgment on this ground reversed. |
| Negligence and gross negligence sufficiency | Phillips asserts negligent operation/maintenance caused the eye injury and warrants liability. | Phillips has no evidence of what hit her eye or how negligence occurred; no duty breach or causation shown. | Court held Phillips cannot prove duty, breach, causation; grant of summary judgment in favor of Elegant Nails warranted. |
Key Cases Cited
- Berry v. Brunt, 252 Miss. 194, 172 So.2d 898 (Miss. 1965) (proximate-cause inferences must be legitimate, not conjectural)
- Couch v. City of D’Iberville, 656 So.2d 146 (Miss.1995) (causation questions normally for the jury)
- Glover ex rel. Glover v. Jackson State Univ., 968 So.2d 1267 (Miss.2007) (gives framework for evidentiary causation and estimation of liability)
- Mid-South Retina, LLC v. Conner, 72 So.3d 1048 (Miss.2011) (causation and expert-proof standards in medical-negligence contexts)