93 So. 3d 48
Miss. Ct. App.2011Background
- Wilson was injured slipping on a wet floor while visiting a patient at Baptist Memorial Hospital (BMH) in Oxford, Mississippi.
- BMH moved for summary judgment contending Wilson was a licensee, not an invitee, thus no duty to keep premises reasonably safe.
- Trial court granted summary judgment in BMH's favor.
- The court reviews summary judgment de novo, considering all evidentiary matter.
- Court held hospital visitors are invitees, reversing the trial court’s summary judgment and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a hospital visitor an invitee or a licensee? | Wilson's status as a visitor falls under invitee. | BMH contends Wilson is a licensee. | Hospital visitors are invitees; trial court erred. |
| Did Wilson present enough evidence to show breach of duty by BMH? | Evidence shows a dangerous condition existed and was neglected. | No proof of time the floor was wet; no constructive knowledge. | Yes, there is a genuine issue of material fact on breach. |
| What is the proper duty of care owed to an invitee at a hospital? | Invitee status requires ordinary care to keep premises reasonably safe. | Duty is limited to warning for hidden dangers when not open and obvious. | Invitee duty is ordinary care to keep premises safe and warn hidden dangers. |
Key Cases Cited
- Doe v. Jameson Inn, Inc., 56 So.3d 549 (Miss.2011) (duty and classification of visitors where issues are legal questions for court)
- Caruso v. Picayune Pizza Hut, Inc., 598 So.2d 770 (Miss.1992) (duty to invitees; standard for premises safety)
- Hudson v. Courtesy Motors, Inc., 794 So.2d 999 (Miss.2001) (invitee status and distinctions among entrants)
- Ex Parte Wooten, 681 So.2d 149 (Ala.1996) (out-of-state authority supporting hospital visitor invitee status)
- N. Broward Hosp. Dist. v. Adams, 143 So.2d 355 (Fla.Dist.Ct.App.1962) (invited visitors as hospital visitors with mutual advantage)