380 So.3d 232
Miss.2024Background
- Samuel Lasseter, a hotel guest using a cane, tripped and fell over a transition strip between carpet and tile while exiting a banquet room at the Jackson Hilton Hotel in 2018; he was accompanied by his daughter and granddaughter.
- Lasseter filed a negligence suit against the hotel, alleging it failed to maintain safe premises due to a dangerous defect (a supposed raised transition strip) in the flooring.
- The hotel offered evidence that neither hotel staff nor guests had reported problems with the strip before, and that a recent quality-assurance check found no defect.
- Discovery revealed no record of prior incidents or complaints about the strip, and both the general and night managers testified to their lack of knowledge of any hazards.
- The trial court granted summary judgment to the hotel, finding insufficient evidence of a dangerous condition or hotel negligence, and also denied Lasseter’s motion to alter or amend the judgment.
- Lasseter appealed, asserting the trial court erred in both granting summary judgment and denying his post-judgment motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of Dangerous Condition | The transition strip was a dangerous defect. | No evidence the strip was dangerous or defective. | Lasseter failed to show a dangerous condition existed. |
| Hotel’s Negligence in Creating Condition | The hotel’s acts/installation caused the defect. | No negligent act shown; strip standard installation. | No evidence hotel created a dangerous condition negligently. |
| Hotel’s Knowledge (Actual/Constructive) | Notice not required due to hotel’s creation. | No actual/constructive knowledge, not responsible. | No proof of actual/constructive knowledge or need for notice. |
| Sufficiency of Lasseter’s Evidence | Evidence/testimony created factual dispute. | Evidence speculative, insufficient for jury issue. | No genuine dispute of material fact; summary judgment proper. |
Key Cases Cited
- McGovern v. Scarborough, 566 So. 2d 1225 (Miss. 1990) (undamaged common architectural features like thresholds are not inherently dangerous conditions)
- Drennan v. Kroger Co., 672 So. 2d 1168 (Miss. 1996) (business owners liable only if they create, know, or should know of a dangerous condition)
- Kroger, Inc. v. Ware, 512 So. 2d 1281 (Miss. 1987) (plaintiffs must prove dangerous condition to establish liability)
- Waller v. Dixieland Food Stores, Inc., 492 So. 2d 283 (Miss. 1986) (actual or constructive notice required if a third party created the condition)
- Downs v. Choo, 656 So. 2d 84 (Miss. 1995) (plaintiff must show negligent act of defendant, actual knowledge, or constructive knowledge of dangerous condition)