Before McMILLIN, P.j., Diaz, And King, JJ.
The opinion of the court was delivered by: Diaz, J.
DATE OF JUDGMENT: 10/16/97
TRIAL JUDGE: HON. KOSTA N. VLAHOS
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED IN FAVOR OF GULFSIDE.
DISPOSITION: REVERSED AND REMANDED - 03/23/99
MOTION FOR REHEARING FILED:
¶1. Marty Breland appeals the Harrison County Circuit Court's grant of summary judgment in favor of Gulfside Casino Partnership d/b/a Copa Casino. Finding error, we reverse and remand.
¶2. On December 2, 1994, Marty Breland, Greg Breland, and Lynn Breland spent most of the day together on Greg's boat. Greg is Marty's brother and Lynn is Marty's sister-in-law. Later, the three entered the Copa Casino during the late evening hours of December 2, 1994, or the early morning hours of December 3, 1994. Marty and Greg played blackjack and Lynn watched. Between 5:00 a.m. and 8:30 a.m., Marty, Greg, and Lynn went to the Copa restaurant and had breakfast. Marty testified that before breakfast he had between six or seven alcoholic beverages. While eating breakfast, a rain storm occurred. The three stayed in the restaurant and drank coffee while waiting for the rain to lessen.
¶3. At approximately 9:00 a.m., Marty, Greg, and Lynn decided to leave. The Copa Casino is serviced for entrance and exit by an elevator and stairways on the north and south side of the elevator. The stairs are exposed to the elements except for a canopy covering the top of each section of the stairways. The stairs are constructed of concrete with a metal strip along the ...