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Nevels v. Walmart Transp., LLC

Court of Appeals of Mississippi

September 9, 2014

COURTNEY NEVELS, APPELLANT
v.
WALMART TRANSPORTATION, LLC AND CLAUDE R. SMITH, APPELLEES

COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/13/2013. TRIAL JUDGE: HON. M. JAMES CHANEY JR. TRIAL COURT DISPOSITION: MOTION FOR SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES.

AFFIRMED.

FOR APPELLANT: DAVID M. SESSUMS.

FOR APPELLEES: DAVID C. DUNBAR, BENNY MCCALIP " MAC" MAY, MORTON WARD SMITH.

BEFORE GRIFFIS, P.J., ROBERTS, MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., NOT PARTICIPATING.

OPINION

Page 238

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

ROBERTS, J.

¶1. This appeal stems from the Warren County Circuit Court's grant of summary judgment in favor of Walmart Transportation LLC (Walmart) and Claude R. Smith after finding that Courtney Nevels failed to present any genuine issues of material fact. Nevels appeals and asks this Court to determine whether, based on the facts presented, summary judgment was appropriate. We hold that summary judgment was appropriate; therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On May 8, 2012, Smith was driving on Interstate 20 West through Vicksburg, Mississippi, in a tractor-trailer owned by Walmart. He was within the scope and course of his employment. At the same time, Nevels was a guest passenger in a Nissan Altima driven by her friend, Chancie Connerly, on Interstate 20 West, in the same lane but at some distance behind Smith. Due to the rainy weather and wet road conditions, multiple wrecks had just occurred ahead of them on the interstate causing severe traffic delays. Over the hill, traffic in both lanes had come to a complete stop. Smith crested the hill and had to immediately apply his brakes due to the standstill traffic ahead of him caused by several other wrecks. Connerly, following behind Smith, crested the hill shortly thereafter, but she was unable to stop in time before she rear-ended Smith. As a result of the impact, Nevels suffered injuries to her legs.

¶3. Nevels filed her complaint on June 20, 2012, against Walmart, Smith, and

Page 239

Connerly, alleging that Connerly and Smith both were negligent in the operation of their respective vehicles, and their negligence combined to cause her injuries. Nevels settled with her driver, ...


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