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Garson v. Circus Circus Miss., Inc.

Court of Appeals of Mississippi

March 11, 2014

KAREN GARSON AND DAVID GARSON, APPELLANTS
v.
CIRCUS CIRCUS MISSISSIPPI, INC. D/B/A GOLD STRIKE CASINO RESORT, APPELLEE

COURT FROM WHICH APPEALED: TUNICA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/19/2013. TRIAL JUDGE: HON. ALBERT B. SMITH III. TRIAL COURT MOTION FOR SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE.

FOR APPELLANTS: LINCOLN HODGES.

FOR APPELLEE: SCOTT BURNHAM HOLLIS.

BEFORE GRIFFIS, P.J., ROBERTS AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 933

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

ROBERTS, J.

¶1. Following the Tunica County Circuit Court's grant of Circus Circus Mississippi Incorporated d/b/a Gold Strike Casino Resort's motion for summary judgment, Karen and David Garson (Garsons) filed the present appeal asking this Court to determine whether the circuit court erred in granting summary judgment. Finding no genuine issue of material fact, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On March 24, 2007, Karen rented a hotel room at Gold Strike Casino Resort, which is owned by Circus Circus. According to Karen, she struck her right ankle against a portion of the metal bed frame protruding from the bed but concealed by the bed spread. She reported that she believed she had broken her ankle to the front desk. Several Gold Strike employees came to her room to provide assistance. Karen testified at her deposition that the employees took pictures of her ankle and the placement of the bed before maintenance put the bed back in its place. She did not seek medical attention that day.

¶3. Karen was seen by Dr. Michael Heck for her injury. According to Karen's deposition, Dr. Heck informed her that she had fractured the tibia or the fibula of her ankle bone. She wore a cast for two and a half weeks, then she wore a boot for two-and-a-half weeks, and she was prescribed physical therapy. She testified that she still experiences some pain and swelling as a result of her injury.

¶4. The Garsons filed a complaint on March 23, 2010, against Circus Circus alleging negligence in regard to Karen's injury and a loss-of-consortium claim from David. Circus Circus filed its answer and affirmative defenses. It then filed its notice of service of interrogatories and request for production of documents on June 3, 2010. Circus Circus also deposed Karen on December 9, 2011. The Garsons responded to those requests, but they did not request any discovery on their own behalf.

Page 934

¶5. Then, on August 20, 2012, Circus Circus filed a motion for summary judgment alleging that the Garsons " have failed to propound written discovery to Gold Strike, have failed to notice a single deposition, and have failed to designate a liability expert." Further, the Garsons " cannot prove the existence of a hazardous condition" that caused Karen's injuries. The circuit court heard the motion on February 7, 2013, and granted summary ...


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