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Thompson v. Lucas

Court of Appeals of Mississippi

May 16, 2017

GLORIA THOMPSON APPELLANT
v.
MILDRED LUCAS APPELLEE

          DATE OF JUDGMENT: 12/21/2015

         BOLIVAR COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. JOHNNIE E. WALLS JR. JUDGE

          ATTORNEY FOR APPELLANT: ELLIS TURNAGE

          ATTORNEY FOR APPELLEE: C. PAIGE HERRING

          BEFORE GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.

          GRIFFIS, P.J.

         ¶1. Gloria Thompson appeals the entry of summary judgment and dismissal of her complaint with prejudice. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Thompson and Mildred Lucas were with family and friends at a casino in Greenville, Mississippi. While at the casino, Lucas ran out of cash. As a result, Thompson loaned Lucas twenty dollars. Lucas advised Thompson that if she did not win any money, she would give Thompson her money back the next day.

         ¶3. Lucas did not win any money. The next day, Thompson drove to Lucas's residence to pick up the twenty dollars that Lucas had borrowed. As Thompson was leaving, she tripped and fell in Lucas's driveway.

         ¶4. Thompson filed a complaint and claimed her injuries were proximately caused by the negligence of Lucas under a theory of premises liability. Thompson alleged that, at the time of her injury, she was an invitee.

         ¶5. Following discovery, Lucas filed a motion for summary judgment. The circuit court found Thompson was a licensee, and Lucas had not breached the applicable duty owed to Thompson. As a result, the circuit court granted Lucas's motion for summary judgment and dismissed the case with prejudice.

         ¶6. Thompson now appeals and argues the circuit court erred in granting summary judgment based on Thompson's status as a licensee, and genuine issues of ...


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