Cooper v. Missey

881 So. 2d 889, 2004 WL 377017
CourtCourt of Appeals of Mississippi
DecidedMarch 2, 2004
Docket2003-CA-00080-COA
StatusPublished
Cited by1 cases

This text of 881 So. 2d 889 (Cooper v. Missey) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooper v. Missey, 881 So. 2d 889, 2004 WL 377017 (Mich. Ct. App. 2004).

Opinion

881 So.2d 889 (2004)

Robert Preston COOPER, III, Appellant,
v.
Aaron MISSEY, Appellee.

No. 2003-CA-00080-COA.

Court of Appeals of Mississippi.

March 2, 2004.
Rehearing Denied May 25, 2004.

*890 Jessica S. Upshaw, Harris Bell Williams, Pascagoula, attorneys for appellant.

James N. Compton, Biloxi, attorney for appellee.

Before McMILLIN, C.J., IRVING and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. Robert Preston Cooper, III brought a personal injury action against Aaron Missey in the Circuit Court of Jackson *891 County, Mississippi. The parties agreed to waive their right to a jury trial and to submit by briefs and oral arguments the disputed issues between the two of them. A hearing was held and the trial court entered an order denying the motion for judgment in favor of Cooper. As a result, Cooper filed a timely notice of appeal requesting our review of the following issues:

I. WHETHER THE TRIAL COURT ERRED IN FINDING THAT MISSEY HAD NO DUTY TO RENDER AID TO COOPER UNDER MISSISSIPPI LAW AND EVEN IF A DUTY EXISTED, THAT MISSEY DID NOT BREACH IT
II. WHETHER THE TRIAL COURT ERRED IN NOT INTERPRETING THE INSURANCE POLICY TO ALLOW EACH OF THE THREE OCCASIONS ON WHICH MISSEY MOVED COOPER WITHOUT OBTAINING MEDICAL TREATMENT TO CONSTITUTE A SEPARATE OCCURRENCE UNDER THE POLICY

STATEMENT OF FACTS

¶ 2. Cooper attended a party at Missey's parent's house. Missey's parents were working overseas at the time. Many people at the party were consuming alcohol and using drugs. Missey did not know Cooper before hand but the two young men met at the party. As the party progressed, Cooper became very intoxicated and passed out on a couch in the living room. At approximately two o'clock in the morning, Cooper awoke and urinated on the living room floor. Another guest notified Missey of Cooper's behavior. Missey confronted Cooper and punched him in the face. Cooper fell to the floor. Immediately thereafter, a guest named Justin Stark proceeded to stomp on Cooper's head three times. This rendered Cooper unconscious.

¶ 3. Missey and others immediately moved Cooper out into the front yard of the house. Approximately one hour later, Missey and others moved Cooper from the front yard to the side of the house near a wooded field. Around four o'clock in the morning, Missey and others moved Cooper from the side of the house into Cooper's truck. Finally, around noon, Missey called for medical assistance.

¶ 4. Stark was charged and convicted for aggravated assault. Missey was charged with the same crime, but ultimately pled guilty to accessory after the fact. In addition, the parties entered into a settlement where Allstate, the insurance carrier for Missey's family's homeowner policy, paid Cooper $100,000, without an admission of liability. The policy provided coverage for family liability in the amount of up to $100,000 per occurrence.

¶ 5. Pursuant to the settlement agreement, Cooper brought suit to attempt to recover additional benefits under the Allstate policy if Missey was found to be negligent and if each move of Cooper was deemed a separate occurrence under the policy. The parties agreed that if Cooper proved that Missey owed a duty to obtain medical treatment and breached that duty, then the elements of causation and damage were admitted. The parties also agreed to waive their respective rights to a jury trial.

¶ 6. The trial court found that: (1) Missey had no duty to render aid to Cooper under Mississippi law; (2) even if a duty existed, Missey did not breach it; and (3) even if Missey breached a duty, the breach would constitute one "occurrence" under the policy terms so that Allstate has paid its full obligation in settlement of Cooper's claim. Aggrieved by this result, Cooper perfected the present appeal.

I. WHETHER THE TRIAL COURT ERRED IN FINDING THAT MISSEY HAD NO DUTY TO RENDER AID TO *892 COOPER UNDER MISSISSIPPI LAW AND EVEN IF A DUTY EXISTED, THAT MISSEY DID NOT BREACH IT.

¶ 7. Cooper argues that Missey owed him a duty to obtain medical treatment which he breached on three separate occasions. In support of this argument, Cooper directs our attention to the common law, the Allstate policy itself, and the Restatement of Torts, Second. Missey argues that there is no duty for a social host to render medical aid to a licensee guest under Mississippi law. In addition, Missey argues that Cooper has failed to challenge any of the trial court's factual findings.

¶ 8. The appropriate standard of review on a question of fact requires us to affirm the decision of a trial court sitting without a jury and based upon substantial evidence unless that decision is manifestly wrong. Pride Oil Co., Inc. v. Tommy Brooks Oil Co., 761 So.2d 187, 193 (¶ 18) (Miss.2000). In order for Cooper to prevail on his claim, he must prove by a preponderance of the evidence the elements of duty, breach, causation, and damages. May v. V.F.W. Post No. 2539, 577 So.2d 372, 375 (Miss.1991). Since the parties have stipulated the two final elements, we need only address the elements of duty and breach.

A. Duty

¶ 9. The trial judge ruled that Cooper was a licensee despite the fact that he was not specifically invited. As a licensee, Missey owed Cooper a duty to refrain from willfully or wantonly injuring him. Hoffman v. Planters Gin Co., 358 So.2d 1008, 1011 (Miss.1978). The trial court found no evidence that Missey had willfully or wantonly injured Cooper. Instead, the claim before the trial court was that "Missey failed to render aid when he knew or should have known that Cooper needed medical attention."

¶ 10. Cooper asks this Court to not limit its focus of whether a duty existed solely on the concepts of invitee, licensee, and trespasser because this case does not arise from a condition on the premise. However, the Mississippi Supreme Court has consistently held that the duty owed to an entrant of property is determined by his status under the common law system. Little by Little v. Bell, 719 So.2d 757, 760 (¶ 14) (Miss.1998).

¶ 11. Cooper relies on two Mississippi cases in support of his claim that Missey owed him a duty to render aid. Dyche v. Vicksburg S. & P.R. Co., 79 Miss. 361, 30 So. 711 (Miss.1901); Chadwick v. Bush, 174 Miss. 75, 163 So. 823 (Miss.1935). In Dyche, a man was severely injured by a caboose owned by the defendant railroad. Dyche entered the caboose when it was still disconnected from the engine. Dyche got off the caboose and stepped behind it to "answer a call of nature." At this time a kicking switch was engaged and several cars rolled down the track striking the caboose. The caboose ran over Dyche and crushed his leg. The defendant railroad company transported Dyche to an employee doctor. Dyche was then transported to a hospital in Vicksburg. However, the entire trip took approximately thirteen hours despite the short distance. The trial court ruled that the defendant was not liable for Dyche's injuries but the Mississippi Supreme Court reversed. The supreme court found that while the defendant was not liable for the initial injury it ultimately became liable because the railroad company assumed charge of Dyche's treatment. In the case sub judice, Missey never undertook the treatment of Cooper. Instead, Missey moved Cooper three times for reasons other than to provide care.

¶ 12. Chadwick dealt with an automobile accident where a wide-body truck did not have lights to warn traffic of its size. *893

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Bluebook (online)
881 So. 2d 889, 2004 WL 377017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-missey-missctapp-2004.