COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/03/2013. TRIAL JUDGE: HON. M. JAMES CHANEY JR. TRIAL COURT DISPOSITION: GRANTED SUMMARY JUDGMENT TO APPELLEE.
FOR APPELLANT: CHRISTOPHER E. KITTELL.
FOR APPELLEE: JASON H. STRONG, TOM JULIAN.
BEFORE GRIFFIS, P.J., ISHEE, ROBERTS AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ROBERTS, CARLTON AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. MAXWELL, J., NOT PARTICIPATING.
[¶1] In July 2011, while exiting the Riverwalk Casino in Vicksburg, Mississippi, Peggy Trull tripped and fell. She sued Magnolia Hill LLC d/b/a Riverwalk Casino of Vicksburg LLC (Riverwalk), in the Warren County Circuit Court, alleging that her fall was due to a rug that was buckled and not lying flat, causing a dangerous condition. After some discovery took place, Riverwalk filed a motion for summary judgment, which the circuit court held in abeyance until discovery was completed. When discovery was complete, the circuit court held a hearing on the motion for summary judgment and subsequently granted it. Trull now appeals. Finding no error, we affirm.
STATEMENT OF FACTS
[¶2] On July 9, 2011, Trull, age seventy, visited Riverwalk and tripped and fell while exiting the premises. Specifically, Trull fell at the threshold where the carpeting covering the casino floor meets the tile at the casino's entrance and exit. The threshold rises 0.25 inches high bye 1.25 inches wide over the length of the threshold. Near the threshold was a mat, referred to by Trull as a rug.
[¶3] Trull filed suit against Riverwalk on October 14, 2011, alleging that Riverwalk created a dangerous condition causing her to fall and injure herself. In her complaint, Trull asserted that the rug over which she tripped constituted a dangerous condition in that " [it] was buckled and would not lay flat." Riverwalk denied the allegations, stating that there was not a
dangerous condition at the site where Trull fell, and that Trull's own negligence was the cause of her fall.
[¶4] After some discovery was completed, Riverwalk filed a motion for summary judgment. Therein, Riverwalk repeatedly referenced the video surveillance of Trull's fall that had been produced during discovery. The surveillance shows the mat was not buckled, but was lying flat, and that Trull actually tripped near the threshold itself. In response, Trull abandoned her earlier argument regarding the mat, and instead argued that the threshold created a dangerous condition. After a ...