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Dawson v. Boyd Biloxi, LLC

Court of Appeals of Mississippi

December 10, 2013

Barbara DAWSON, Appellant
v.
BOYD BILOXI, LLC, Appellee.

Carlos E. Moore, Tangala L. Hollis, Grenada, attorneys for appellant.

Patrick R. Buchanan, Pascagoula, attorney for appellee.

Before IRVING, P.J., ROBERTS and JAMES, JJ.

IRVING, P.J.

¶ 1. Barbara Dawson commenced this action by filing a complaint in the Harrison County Circuit Court against Boyd Biloxi LLC (Boyd), seeking compensation for injuries that she sustained in 2012 when she slipped and fell at the Imperial Palace Casino, Resort, and Spa (IP) in Biloxi, Mississippi. [1] Boyd timely answered the complaint and later moved for summary judgment, which the circuit court granted. Feeling aggrieved, Dawson appeals and argues that the circuit court erred in granting summary judgment in favor of Boyd.

¶ 2. Finding no error, we affirm.

Page 315

FACTS

¶ 3. On January 29, 2012, sometime after 11:00 p.m., Dawson, her cousin, and her aunt visited the IP. During their visit, Dawson went to the IP's snack-bar area in search of something to eat. Dawson chose a sandwich and a soda. When Dawson returned to the register, the cashier informed her that she could get chips as well. Dawson walked over to where the chips were located and chose a bag of chips. Shortly after showing the bag of chips to the cashier, Dawson fell. Another casino patron helped Dawson up from the floor, and Adam Baskind, a surveillance agent for the IP, assisted Dawson to a nearby bench.

¶ 4. During Dawson's deposition, she described what happened before she fell. She stated, " When I stood up to hold my bag up to show the lady that I just had the chips to walk off, I fell." Dawson admitted during the deposition that she did not know what had caused her to fall, but that there " was something wet on the floor." Dawson also admitted that she did not know how long the substance had been on the floor prior to her fall, and she did not know how the substance got on the floor.

¶ 5. Additionally, during her deposition, Dawson reviewed the IP's surveillance footage from the night of her fall. She admitted that the surveillance footage showed the following events leading up to her fall:

44:07[2]-lady with white hair [3] seen in snack area,
44:16-lady with white hair drops her glass on the floor and leaves without alerting anyone of the spill,
44:28-Dawson walks from the cashier's counter to where the chips ...

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