Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Griffin v. League

Court of Appeals of Mississippi

March 28, 2017

TIFFANY GRIFFIN APPELLANT
v.
GRENADA YOUTH LEAGUE APPELLEE

          DATE OF JUDGMENT: 11/27/2015

         GRENADA COUNTY CIRCUIT COURT HON. C.E. MORGAN III JUDGE

          ATTORNEYS FOR APPELLANT: STEVEN CRAIG PANTER STACY EVERETT PEPPER

          ATTORNEYS FOR APPELLEE: NAKIMULI ONI DAVIS-PRIMER J. STEPHEN KENNEDY

          BEFORE LEE, C.J., FAIR AND WILSON, JJ.

          WILSON, J.

         ¶1. On April 28, 2012, Tiffany Griffin attended a charity baseball tournament held at fields owned and maintained by the Grenada Youth League (GYL), a nonprofit corporation. Griffin's sons were on teams playing in the tournament. As she walked down a grassy hill from the parking lot to the ballfields, Griffin fell and suffered a broken ankle. Griffin sued GYL on a premises liability theory in the Grenada County Circuit Court. She alleges that she fell because she stepped into a one-inch-deep "hole" that was obscured by grass that was three or four inches high. The record does not include any photographs of the supposed "hole, " and GYL denies that there was a "hole" anywhere in the vicinity. The circuit court subsequently granted summary judgment for GYL. The court acknowledged that there is a "dispute over whether there actually was a hole, " but the court ruled "that as a matter of law the premises was reasonably safe and there was no dangerous condition or peril that required a warning." We agree and therefore affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. GYL owns and operates a twenty-three-acre park in Grenada with about ten youth baseball and softball fields. GYL oversees youth leagues and occasionally hosts youth tournaments at the park. GYL has only one paid employee and is otherwise run by volunteers, including a volunteer board and president.

         ¶3. GYL's president for the 2012 season, Jeff McWhorter, asked three or four board members to serve on the grounds committee. Before the season, the committee inspected the park and did not identify any issues or needed repairs.

         ¶4. Most of GYL's board members are coaches, parents, or grandparents of children who play baseball or softball at the park. Thus, most board members regularly attend games and walk and inspect the premises while at the park. In addition, every board member has a key to an equipment shed at the park, so any of them could easily fill a hole if one were found. GYL hired a company called Yard Pro to cut the grass in the park during the 2012 season. Yard Pro cut the grass on a weekly basis.

         ¶5. From Monday, April 23, to Saturday, April 28, 2012, GYL hosted its annual Frankie Bailey Tournament at the park. The tournament, named in honor of a former player who died from childhood cancer, serves as a fundraiser for both St. Jude Children's Research Hospital and GYL. There is no admission fee for the tournament, but attendees are encouraged to make charitable donations. Yard Pro cut the grass the weekend before the tournament began and again on Wednesday, April 25, 2012.

         ¶6. Griffin's two sons played in GYL leagues and were playing in the tournament. Griffin attended about six games during the tournament, including on Friday, April 27, and she had been to the park many times in prior seasons. On April 28, Griffin arrived at the park around 11 a.m. She made a $5 donation when she entered and parked her car in a gravel parking lot up a gently sloping grassy hill from the ballfields. The lot is framed by wooden light poles laid sideways on the ground to form a twelve- to eighteen-inch-high boundary around the lot.

         ¶7. A paved walkway runs from the parking lot to the ballfields, but Griffin decided to take a shortcut by stepping over one of the wooden poles and walking down the grassy hill to the fields. There were no signs warning visitors not to walk down the hill, and McWhorter acknowledged that people frequently walk down the hill. Griffin was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.