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MABELINE GRISHAM v. JOHN Q. LONG V.F.W. POST No. 4057

JANUARY 06, 1988

MABELINE GRISHAM
v.
JOHN Q. LONG V.F.W. POST No. 4057, INC.



BEFORE HAWKINS, P.J., PRATHER AND ZUCCARO, JJ.

ZUCCARO, JUSTICE, FOR THE COURT:

Mabeline Grisham (hereinafter Mabeline) filed a complaint in the Circuit Court of Lee County against Hazel Williams Grisham (hereinafter Hazel) and V.F.W. Post No. 4057, Inc. (hereinafter V.F.W.). In that complaint Mabeline alleged that Hazel had assaulted her just outside the door of the V.F.W. Post, and that the V.F.W. had breached its duty to keep its premises in a reasonably safe condition. The trial court granted summary judgment in favor of the

V.F.W., and Mabeline appeals. Mabeline's action against Hazel is not involved in the instant appeal.

 FACTS

 Mabeline and Hazel were both ex-wives of the same man. On November 10, 1984, both of the women went separately to a dance at the V.F.W. Post in Tupelo, Mississippi. The Post sold beer, and patrons often brought their own liquor. That night Hazel had a bottle of Canadian Mist Whiskey with her. According to Mabeline's testimony, she and Hazel bumped into each other on the dance floor at some time during the evening.

 At approximately 12:45 a.m., Mabeline exited the V.F.W. Post. Just after Mabeline stepped outside, Hazel, who was standing to the right of the steps outside the door, struck her with a bottle enclosed in a brown paper bag. According to Mabeline, Hazel struck her twice, and the attack was unprovoked. Hazel claimed, however, that she struck Mabeline only once, and that she did so only after Mabeline called her a son-of-a-bitch.

 Estelle Dillard, who was with Mabeline that night, helped Mabeline walk to the car in which they had come. As Mabeline stood by the car, Marty Williams, a drummer in the band that had played for the dance, walked by and noticed that Mabeline was hurt. He asked his friend Michael Johnson to go back inside the V.F.W. Post and request that the officials help Mabeline. The V.F.W. officials said they were "too tied up to come out." Estelle Dillard and Mabeline then drove to the hospital, with Mabeline driving at least part of the way. As a result of the blows, Mabeline suffered what she described as a "blood clot." The record also indicates that Mabeline was treated by an "eye doctor" after the incident.

 Mabeline filed suit against the V.F.W., alleging that the V.F.W. was negligent in the following particulars:

 (a) In failing to keep its premises in a reasonably safe condition;

 (b) In failing to properly light the outside premises of the said lodge so as to protect any guests or patrons thereof from physical harm;

 (c) In failing to provide security personnel so as to protect any guests or patrons

 of the lodge from physical harm;

 (d) In failing to supervise and regulate the conduct and activities of its patrons using said lodge so as protect any guests or patrons therein from physical harm;

 (e) In failing to assist [Mabeline] when she called for help when the accident described aforesaid occurred;

 (f) In failing to use ordinary care toward accidents, injuries or altercations for those entering upon and departing from its premises as guests or patrons, and particularly to [Mabeline];

 (g) In failing to exercise due care in the discharge of its responsibilities to prevent such incidents (as that which is the subject of this suit) at and in said lodge so as to protect any guests or patrons of the lodge from ...


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