412 So.3d 508
Miss. Ct. App.2024Background
- Willa Womack was injured after slipping on a collapsed wet-floor sign in the vestibule of a Pilot Travel Center in Hinds County, Mississippi.
- Security footage established the sign had been knocked over by another customer and remained on the floor for about ten minutes, during which employees, including the manager (Gina Franklin), were near the area.
- Womack sued Pilot Travel Centers, LLC and Franklin for premises liability, alleging the store's negligence in maintaining safe conditions caused her injuries.
- The jury awarded Womack $393,000 in economic damages and $3,000,000 in non-economic damages (later reduced to $1,000,000 due to statutory limits, totaling $1,393,000).
- Pilot and Franklin appealed, challenging the finding of a dangerous condition, notice, admission of expert testimony, closing argument fairness, and the damages amount.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Dangerous Condition | Collapsed sign was an unexpected, unreasonable hazard | Collapsed sign is not unreasonably dangerous; it is a safety feature | Jury could reasonably find it dangerous under these circumstances |
| Knowledge of Condition | Employees had constructive notice given visible access and time elapsed | No actual/constructive notice; customer caused hazard; 10 min too brief | Sufficient evidence for constructive knowledge; distinguishes from other cases |
| Admission of Expert Testimony | Experts’ testimony supported causation and liability | Experts unqualified/reliable; especially premises safety expert | Goodrum unqualified but error harmless; other testimony properly admitted |
| Excessive Non-Economic Damages | Award justified by Womack’s injuries and testimony | $1 million award excessive even after remittitur | No abuse of discretion; award not excessive under the circumstances |
Key Cases Cited
- Rhodes v. RL Stratton Props. LLC, 376 So. 3d 385 (Miss. Ct. App. 2023) (premises owner's duties regarding invitees and dangerous conditions)
- Carroll v. Singing River LLC, 309 So. 3d 567 (Miss. Ct. App. 2020) (premises-liability claim requires proof of dangerous condition)
- Keckley v. Estes Equip. Co., 276 So. 3d 1230 (Miss. Ct. App. 2018) (tripwire-like conditions can be jury questions for premises liability)
- Vivians v. Baptist Healthplex, 234 So. 3d 304 (Miss. 2017) (open-and-obvious doctrine is not an absolute bar in Mississippi premises liability)
- Chaupette v. State, 136 So. 3d 1041 (Miss. 2014) (standard for review of evidentiary rulings and harmless error)
- Hegman v. Adcock, 377 So. 3d 1020 (Miss. Ct. App. 2024) (standards for reviewing verdict sufficiency and jury findings)
- MIMG C Woodridge Sub LLC v. Course, 356 So. 3d 1246 (Miss. Ct. App. 2023) (standards for remittitur of jury damage awards)