COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/07/2012. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES.
FOR APPELLANT: PHILIP ANDREW STROUD, BRANDON LYLE FLECHAS.
FOR APPELLEES: GOODLOE TANKERSLEY LEWIS, JEFFREY DEAN LEATHERS.
BEFORE LEE, C.J., BARNES AND FAIR, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR. CARLTON, J., CONCURS IN RESULT ONLY.
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
LEE, C.J., FOR THE COURT:
¶1. On May 29, 2009, Gae Dickinson tripped as she was entering Wash & Dry in Olive Branch, Mississippi. Dickinson filed suit in the DeSoto County Circuit Court against Jonathan Vanderburg (Vanderburg) d/b/a Wash & Dry and Howard Sidney Vanderburg (Sidney). Sidney, Vanderburg's father, owned the building where the Wash & Dry was located, but the Wash & Dry was operated by Vanderburg. Vanderburg leased the premises from Sidney.
¶2. Sidney filed a motion for summary judgment, which Vanderburg joined. After a hearing on the matter, the trial court granted both defendants' motion for summary judgment. The trial court determined that Sidney was not liable for Dickinson's injuries as the lessor of the
premises and that the threshold over which Dickinson tripped and fell was not unreasonably dangerous.
¶3. Dickinson now appeals, asserting the trial court erred in granting summary judgment in favor of Vanderburg. Dickinson does not appeal the ...