64 So. 3d 1012
Miss. Ct. App.2011Background
- Montedonico, trustee for Jefferies's bankruptcy estate, sues Mt. Gillion Baptist Church for injuries Jefferies allegedly sustained due to a defective ladder provided by the church.
- ADT contracted for security-alarm services; Eagle Security installed the system and sent Jefferies to install wiring.
- Deacon Fondren borrowed/provided a ladder from church members; Jefferies and Fondren inspected it and found nothing wrong.
- Jefferies climbed the ladder multiple times without incident, then the ladder fell; he claimed a missing rubber grip caused slipping.
- Circuit court granted summary judgment for the church; trustee appeals arguing the danger was not inherent to Jefferies's work and that Jefferies did not assume the risk.
- This Court reverses, holds the danger was not inherent to the work and Jefferies did not assume the risk, and remands for trial consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the ladder-related danger inherent to Jefferies's work? | Montedonico argues danger was not inherent; defective ladder provided by church caused risk. | Mt. Gillion contends danger was inherent to the installation job. | Not inherent; summary judgment improper. |
| Did Jefferies assume the risk of using the defective ladder? | Jefferies did not know of the missing rubber grip; no assumption. | Church should be able to assert assumption in some cases. | No assumption of risk based on current record. |
| Was the case appropriate for summary judgment given the facts on danger and risk? | Fact questions exist about safety of supplied ladder. | Evidence supports inherent risk or assumption. | Summary judgment reversed and remanded. |
Key Cases Cited
- Vu v. Clayton, 765 So.2d 1253 (Miss.2000) (premises-liability distinction; danger not necessarily inherent to work)
- Oden Construction Co. v. McPhail, 228 So.2d 586 (Miss.1969) (supplier of chattels liable if fails to make safe or to discover dangerous condition; Restatement guidance)
- Nofsinger v. Irby, 961 So.2d 778 (Miss.Ct.App.2007) (assumption of risk by an independent contractor may bar recovery where contractor knew risks)
- Elias v. New Laurel Radio Station, Inc., 245 Miss. 170, 146 So.2d 558 (Miss.1962) (elements of assumption of risk; knowledge and voluntary exposure)