Webb v. Imperial Palace of Mississippi, LLC
76 So. 3d 759
Miss. Ct. App.2011Background
- Webb and Taranto collided when Taranto, an on-duty security officer, fell into Webb at the Imperial Palace Casino in Biloxi, Mississippi, on August 6, 2006.
- Both Webb and Taranto declined medical treatment at the time; Taranto completed his shift without further incident.
- Webb sued Imperial Palace in Harrison County Circuit Court for injuries from the fall; Imperial Palace answered and participated in discovery.
- The trial court granted summary judgment for Imperial Palace; Webb appeals challenging the grant.
- This Court reviews summary judgments de novo and considers all evidence in the light most favorable to the non-movant, denying summary judgment if a genuine issue of material fact exists.
- The issue at bottom is whether Taranto’s fall into Webb was negligent, requiring that he was conscious and acting voluntarily at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taranto’s consciousness is a material fact issue | Webb argues Taranto may have fainted, creating a factual dispute | Taranto testified he regained consciousness; doctor found no condition causing fainting | No genuine issue; summary judgment proper |
Key Cases Cited
- Dickinson v. Koenig, 242 Miss. 17, 183 So.2d 721 (Miss. 1961) (fact questions on lost consciousness in auto wrecks; may preclude summary judgment depending on consistency)
- Keener v. Trippe, 222 So.2d 685 (Miss. 1969) (issue of fact as to actual fainting and forewarning of probabilities)
- Hinton v. McKee, 829 So.2d 519 (Miss. 2000) (loss of consciousness as circumstantial evidence; weak affirmative defense)
- Warren v. Pinnix, 241 So.2d 662 (Miss. 1970) (negligence requires conscious act; warning may suffice)
- Watson Quality Ford, Inc. v. Casanova, 999 So.2d 830 (Miss. 2008) (elements of negligence: duty, breach, causation, damages; lack of conscious act affects duty)