Ladner v. Holleman
90 So. 3d 655
| Miss. Ct. App. | 2012Background
- Holleman invited Ladner to his Gulfport home for a bicycle ride on June 12, 2005; Ladner rode a provided bicycle and fell, sustaining abrasions.
- After the ride, Ladner alleges Holleman applied Neosporin to her elbow and knee, triggering an allergic reaction with lip swelling and throat constriction.
- Ladner experienced symptoms, requested an ambulance, but Holleman left to buy Benadryl and Ladner remained on the floor for about two hours.
- Ladner later fell again when attempting to stand; she and Holleman helped her to a bedroom and she drove home, later seeking medical care.
- On June 9, 2008, Ladner sued for negligence; Holleman moved for partial summary judgment arguing premises-liability and lack of proximate causation.
- The trial court granted partial summary judgment on the fall-in-the-home claims; Ladner appealed challenging the applicable duty and causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which duty governs Ladner's claims? | Ladner argues Good Samaritan duty applies due to voluntary aid. | Holleman contends premises-liability duties control since injury occurred on premises. | Duty could be under either theory; summary judgment affirmed on lack of proximate causation |
| Was Holleman's conduct proximate cause of Ladner's injuries? | Holleman’s failure to call an ambulance and Neosporin use caused her injuries. | No evidence tying Holleman’s actions to Ladner’s injuries; causation not shown. | Ladner failed to show proximate causation; judgment affirmed |
| Was Ladner's injury foreseeable based on Holleman's conduct? | Injury foreseeability follows from negligent act and failed aid. | Foreseeability disputed; no evidence ties actions to specific injury. | No genuine issue on foreseeability; affirmed |
Key Cases Cited
- Rod v. Home Depot USA, Inc., 931 So.2d 692 (Miss.Ct.App.2006) (proof of injury without showing negligent act insufficient for liability)
- Hankins Lumber Co. v. Moore, 774 So.2d 459 (Miss.Ct.App.2000) (proximate cause and negligence questions for the jury)
- Price v. Park Mgmt., Inc., 831 So.2d 550 (Miss.Ct.App.2002) (elements of negligence; burden to prove all four elements)
- Rein v. Benchmark Constr. Co., 865 So.2d 1134 (Miss.2004) (foreseeability and liability principles for negligent conduct)
- Doe v. Wright Security Servs., Inc., 950 So.2d 1076 (Miss.Ct.App.2007) (duty of reasonable care; standard for reasonable conduct)