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by Prayitno
Some rights reserved
The Mississippi Court of Appeals recently ruled that a casino hotel bed was not an unreasonably dangerous condition. According to the opinion, a hotel guest suffered a broken ankle when she hit her ankle against a metal bed frame that was hidden by a bed spread. The trial court granted summary judgment in favor of the casino.
In affirming the trial court, the Court of Appeals noted that there was no evidence on the key elements for a premises liability case. Specifically, the Court found no evidence that the bed was a dangerous condition; or, that the Casino caused the dangerous condition; or, that the Casino knew of the dangerous condition before the injury. Notably, the Plaintiff’s lawyer did not help his client (or the profession) when he sued the casino but neglected to to designate a liability expert, file discovery or take any depositions. Apparently, the lawyer was not aware of the legal principle that proof of injury is not enough.