Brenda Ducksworth v. Wal-Mart Stores, Inc.
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CA-00013-COA
BRENDA DUCKSWORTH
APPELLANT
v.
WAL-MART STORES, INC.
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
10/4/2001
HON. MARCUS D. GORDON
SCOTT COUNTY CIRCUIT COURT
P. SHAWN HARRIS
EDLEY H. JONES
CIVIL - PERSONAL INJURY
DIRECTED VERDICT IN FAVOR OF WALMART
REVERSED AND REMANDED - 12/17/2002
BEFORE SOUTHWICK, P.J., BRIDGES, LEE AND MYERS, JJ.
LEE, J., FOR THE COURT:
PROCEDURAL HISTORY AND FACTS
¶1.
This is an appeal from the Circuit Court of Scott County concerning a "slip and fall" case. Brenda
Ducksworth was shopping in Wal-Mart on July 6, 1996, for a ceiling fan. While looking up towards a
ceiling fan display, Ms. Ducksworth turned down an aisle and slipped on an unidentified substance, landing
on her buttocks. Ms. Ducksworth filed suit against Wal-Mart Stores, Inc., on July 2, 1999. A trial began
on October 4, 2001, and, after the close of Ms. Ducksworth's case, Wal-Mart moved for a directed
verdict. The court heard arguments from both sides and subsequently granted Wal-Mart's motion. Ms.
Ducksworth appeals to this Court asserting that the lower court erred in granting the directed verdict
because there was sufficient evidence to establish a jury question as to the length of time the substance was
on the floor. Finding there was sufficient evidence to create a question of fact for the jury, we reverse and
remand.
DISCUSSION OF ISSUE
I. DID THE LOWER COURT ERR IN GRANTING WAL-MART'S MOTION FOR A
DIRECTED VERDICT?
¶2.
Ms. Ducksworth contends that sufficient evidence existed to present the facts to the jury.
Specifically, Ms. Ducksworth claims that the condition of the spill indicated that the unidentified substance
had been there long enough for other people to track through and to establish constructive notice of the spill
to any Wal-Mart employees. We look to our standard of review concerning directed verdicts:
On appeal, we conduct a de novo standard of review of motions for directed verdict.
When deciding whether the granting of a motion for directed verdict was proper by the
lower court, this Court considers the evidence in the light most favorable to the non-moving
party and gives that party the benefit of all favorable inferences that may be reasonably
drawn from the evidence presented at trial.
Houston v. York, 755 So. 2d 495 (¶12) (Miss. Ct. App. 1999). If those facts and inferences, so viewed,
can be said to create a question of fact from which reasonable minds could differ, then the matter should
be submitted to the jury, and the directed verdict should not be granted. Id.
¶3.
It is well known that the owner or operator of a business premises owes a duty to an invitee to
exercise reasonable care in keeping the premises in a reasonably safe condition. Waller v. Dixieland Food
Stores, Inc., 492 So. 2d 283, 285 (Miss. 1986). It is also well settled that the owner or occupant is not
an insurer against all injuries. Ball v. Dominion Ins. Corp., 794 So. 2d 271 (¶13) (Miss. Ct. App. 2001).
2
However, when the dangerous condition is caused by a third party unconnected with the store's operation,
the burden is on the plaintiff to prove by a preponderance of the evidence that the danger existed long
enough to impute constructive knowledge to the store. Jerry Lee's Grocery, Inc. v. Thompson, 528 So.
2d 293, 295 (Miss. 1988). The jury should be allowed to determine whether the store created the
dangerous condition or had actual or constructive knowledge that the condition existed on the date of the
incident. Anderson v. B.H. Acquisition, Inc., 771 So. 2d 914 (¶12) (Miss. 2000).
¶4.
From the record, it is clear that there are questions as to how long the spill had been on the floor.
Ms. Ducksworth produced a photograph of the spill in question, which was admitted into evidence but
never shown to the jury. This photograph was taken by Ms. Ducksworth's daughter and it shows the
condition of the spill directly after Ms. Ducksworth fell. The spill was dirty, with shoe prints and cart tracks
in it. After Ms. Ducksworth's case-in-chief was presented, Wal-Mart rested without producing any
rebuttal evidence, such as testimony by store employees who check the aisles periodically for hazards.
Although a jury might have found for Wal-Mart, the question of whether Wal-Mart was negligent or had
actual or constructive knowledge that the spill existed should have been presented. The photograph's
condition created a question of fact that should have been resolved by the jury. Finding that the facts and
inferences created a question of fact from which reasonable minds could differ, we conclude that the lower
court erred in granting a directed verdict for Wal-Mart; therefore, we reverse and remand.
¶5.
THE JUDGMENT OF THE SCOTT COUNTY CIRCUIT COURT IS REVERSED AND
REMANDED. COSTS OF THIS APPEAL ARE TAXED TO THE APPELLEE.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR. IRVING, J., NOT PARTICIPATING.
3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
