91 So. 3d 642
Miss. Ct. App.2012Background
- Page sued BRMC for personal injuries from a chair collapse in BRMC’s cafeteria after Hurricane Katrina.
- BRMC rented preassembled chairs and inspected them before service; routine inspections occurred after meals.
- On February 2, 2006, Page sat in a chair that collapsed; the chair was bent and later discarded by an unknown employee.
- The chair was kept for months in the cafeteria back office before being discarded during a routine floor sweep.
- Page alleged BRMC failed to warn, train, maintain, or supervise; the circuit court granted summary judgment; Page appeals on the merits and spoliation grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BRMC breached the duty of reasonable care | Page (Page) contends the broken chair proves breach. | BRMC argues absence of evidence of breach; chair may fail mechanically without fault. | BRMC did not breach; lack of evidence of notice or inspection failure. |
| Whether spoliation warrants a negative inference against BRMC | Page seeks negative inference from non-preservation of chair. | BRMC asserts no intentional or grossly negligent spoliation. | No negative inference; spoliation not proven given unintentional discard. |
| Whether summary judgment was proper given the record | Page asserts genuine issues of material fact exist (negligence, notice, maintenance). | BRMC maintains no genuine issue of material fact; chair collapse not evidence of breach. | Summary judgment proper; no triable issue as to breach. |
Key Cases Cited
- Corley v. Evans, 835 So.2d 30 (Miss.2003) (duty of care to invitees includes notice of known dangerous conditions)
- Thomas v. Smith, 786 So.2d 418 (Miss.Ct.App.2001) (mere chair break does not prove breach; require more)
- Langston v. Kidder, 670 So.2d 1 (Miss.1995) (mechanical device failure requires more than mere failure to prove breach)
- Isle of Capri Casino, 781 So.2d 125 (Miss.2001) (negative inference only for intentional or grossly negligent spoliation)
- Palmer v. Biloxi Reg’l Med. Ctr., Inc., 564 So.2d 1355 (Miss.1990) (plaintiff must rebut with probative evidence of breach and causation)
- Pigg v. Express Hotel Partners, LLC, 991 So.2d 1197 (Miss.2008) (premises liability; duty of care for invitee; breach must be shown)
- Hurdle v. Holloway, 848 So.2d 183 (Miss.2003) (standard for summary judgment discussion)
- PPG Architectural Finishes, Inc. v. Lowery, 909 So.2d 47 (Miss.2005) (summary judgment burden and record-based determination)