KHAMBRAYA STANLEY, AND GENEVA WINCHESTER, MOTHER AND NEXT FRIEND OF JEANETTE WINCHESTER, A MINOR, APPELLANTS
SCOTT PETROLEUM CORPORATION, APPELLEE
FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT. DATE OF
JUDGMENT: 06/25/2013. TRIAL JUDGE: HON.W. ASHLEY HINES. TRIAL
COURT DISPOSITION: GRANTED SUMMARY JUDGMENT FOR APPELLEE.
APPELLANTS: WILLIAM DRIBBEN MONTGOMERY, JACOB DANE KING.
APPELLEE: SAM STARNES THOMAS.
LEE, C.J., ROBERTS AND CARLTON, JJ. IRVING AND GRIFFIS,
P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR,
JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE
In this premises-liability case, we must determine whether
summary judgment was appropriately granted in favor of Scott
Petroleum Corporation. We find summary judgment was proper;
thus, we affirm.
AND PROCEDURAL HISTORY
Khambraya Stanley and Jeanette Winchester
(collectively Stanley) were patronizing a gas station owned
and operated by Scott Petroleum when they were struck from
behind by an out-of-control car. The gas station was located
at the corner of Highway 7 and Highway 82 in Greenwood,
Mississippi. Both women were standing between the walk-up
window and a set of vending shelves containing drinks for
purchase. The car collided with the vending shelves, all of
which collided with Stanley, causing injuries. According to
the police report, the car's brakes purportedly
malfunctioned as the car was attempting to slow down at the
intersection of Highway 7 and Highway 82. The car then
entered the gas-station parking lot traveling at
approximately forty-five miles per hour.
Stanley filed suit against Scott Petroleum in the Leflore
County Circuit Court, alleging negligence, gross negligence,
and respondeat superior. Scott Petroleum filed a motion for
summary judgment. After a hearing on the motion, the trial
court granted Scott Petroleum's motion for summary
judgment, finding that Scott Petroleum did not have a duty to
erect barriers to protect Stanley from the type of accident
involved in this case.
Stanley now appeals, asserting the trial court erred by (1)
granting summary judgment and (2) failing to grant a