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Stanley v. Scott Petroleum Corp.

Court of Appeals of Mississippi

January 13, 2015

KHAMBRAYA STANLEY, AND GENEVA WINCHESTER, MOTHER AND NEXT FRIEND OF JEANETTE WINCHESTER, A MINOR, APPELLANTS
v.
SCOTT PETROLEUM CORPORATION, APPELLEE

         DATE OF JUDGMENT: 06/25/2013

Page 1029

          COURT 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.

         FOR APPELLANTS: WILLIAM DRIBBEN MONTGOMERY, JACOB DANE KING.

         FOR APPELLEE: SAM STARNES THOMAS.

         BEFORE 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 WRITTEN OPINION.

          OPINION

Page 1030

         LEE, C.J.

         [¶1] 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.

         FACTS AND PROCEDURAL HISTORY

         [¶2] Khambraya[1] 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.

         [¶3] 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.

         [¶4] Stanley now appeals, asserting the trial court erred by (1) granting summary judgment and (2) failing to grant a continuance.

         STANDARD ...


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