311 So.3d 691
Miss. Ct. App.2021Background
- Ellis hired to pour a carport; MMC Materials driver Victor Baker delivered concrete and positioned the mixer with the locked chute at the job site.
- Ellis smelled of alcohol; Ellis asked Baker to unlock the chute, pulled the chute toward him, and asked for water to thin the concrete; Baker turned his back to turn on the water and heard a noise, then observed Ellis had fallen.
- Buie (homeowner) watched camera footage on his phone but could not determine how Ellis fell; the original footage was not produced.
- Ellis sustained a tibial plateau fracture, allegedly failed to follow post-injury medical advice, developed infection and sepsis, and later died; the Estate sued for wrongful death alleging Appellees’ negligence caused the fall and subsequent death.
- The Estate relied on circumstantial inference that Baker released excessive concrete/water or failed to maintain safety devices; the Estate offered no expert testimony or concrete evidence of equipment defects and did not produce the video.
- Trial court granted summary judgment for Appellees for lack of evidence of proximate cause; the Court of Appeals affirmed, finding the Estate’s circumstantial evidence insufficient to move beyond conjecture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circumstantial evidence suffices to show proximate cause of Ellis’s fall | Circumstantial facts and reasonable inferences (excess cement/water, chute instability) establish a jury question on causation | No evidence shows Appellees’ acts were the cause in fact or legal cause of the fall; witnesses did not know how he fell | Held: Not sufficient. Estate failed to present evidence to support proximate cause; summary judgment affirmed |
| Whether Baker breached duties by turning his back or releasing material into the chute | Baker negligently released too much cement/water and turned his back, failing to keep lookout and maintain control | Baker testified he positioned and locked the chute, Ellis had both hands on the chute and ‘‘had control’’; Baker did not see the fall and heard only a noise | Held: Insufficient evidence of breach linked to injury; disputed inferences are speculative and do not create triable issue |
| Whether MMC Materials was negligent for lacking safety devices on the mixer | MMC had a duty to equip vehicles with safety devices (mirrors, etc.) that would have warned Baker of an impending emergency | No evidence that the truck lacked required safety devices; Estate did not designate experts to prove industry standards or defects | Held: No evidence of deficient equipment or standard of care; claim rests on conjecture |
Key Cases Cited
- Burns v. Gray, 270 So. 3d 1084 (Miss. Ct. App. 2018) (summary-judgment standard and proximate-cause burden)
- Amfed Nat’l Ins. Co. v. NTC Transp. Inc., 196 So. 3d 947 (Miss. 2016) (summary-judgment rule on no genuine fact issue)
- Patricola v. Imperial Palace of Miss. LLC, 235 So. 3d 214 (Miss. Ct. App. 2017) (limits of circumstantial-evidence inference vs. conjecture)
- Knox v. Mahalitc, 105 So. 3d 327 (Miss. Ct. App. 2011) (need for genuine factual dispute on causation to reach jury)
- Walz v. HWCC-Tunica Inc., 186 So. 3d 375 (Miss. Ct. App. 2016) (circumstantial evidence may permit inference of negligence when reasonable)
- Ogburn v. City of Wiggins, 919 So. 2d 85 (Miss. Ct. App. 2005) (cause-in-fact and foreseeability elements of proximate cause)
- Utz v. Running & Rolling Trucking Inc., 32 So. 3d 450 (Miss. 2010) (negligence must be proximate cause of injury to impose liability)
- Van v. Grand Casinos of Miss. Inc., 767 So. 2d 1014 (Miss. 2000) (summary-judgment evidentiary threshold)