Gammel v. TATE COUNTY SCHOOL DIST.

995 So. 2d 853, 2008 WL 4981142
CourtCourt of Appeals of Mississippi
DecidedNovember 25, 2008
Docket2007-CA-01489-COA
StatusPublished
Cited by5 cases

This text of 995 So. 2d 853 (Gammel v. TATE COUNTY SCHOOL DIST.) 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
Gammel v. TATE COUNTY SCHOOL DIST., 995 So. 2d 853, 2008 WL 4981142 (Mich. Ct. App. 2008).

Opinion

995 So.2d 853 (2008)

DeWayne GAMMEL, individually and on Behalf of the Wrongful Death Beneficiaries of Anthony W. Gammel Deceased, Appellant
v.
TATE COUNTY SCHOOL DISTRICT, Appellee.

No. 2007-CA-01489-COA.

Court of Appeals of Mississippi.

November 25, 2008.

*854 Philip Andrew Stroud, Southaven, attorney for appellant.

Wilton V. Byars, Oxford, Dinetia Brooke Newman, Tupelo, attorneys for appellee.

Before MYERS, P.J., BARNES and ROBERTS, JJ.

ROBERTS, J., for the Court.

¶1. In February 2005, Anthony Gammel (decedent) planned on attending the Winter Carnival at East Tate Elementary School (ETE), but was tragically stuck by an oncoming motorist while crossing East Tate Road in Tate County. He died of his *855 injuries shortly after the collision. DeWayne Gammel, individually and on behalf of other beneficiaries, filed a wrongful death suit in the Circuit Court of Tate County. Although Tate County School District (TCSD) was not initially named in the suit, it was later added by amended complaint.

¶2. After initial discovery, and over two years after Gammel's initial complaint was filed, TCSD moved for summary judgment. After a hearing on the matter, the trial court denied Gammel's request for a continuance to conduct additional discovery and granted TCSD's motion. Gammel now appeals and argues that the trial court erred in denying the motion for a continuance, as well as granting TCSD's motion for summary judgment. Finding no error, we affirm the trial court's rulings.

FACTS AND PROCEDURAL HISTORY

¶3. ETE, located in Tate County, Mississippi, is bordered on its north side by East Tate Road. On February 4, 2005, the East Tate Elementary Parent Teacher Association sponsored a Winter Carnival located at ETE. That night, at approximately 7:00 p.m., the decedent and his children were on their way to the Winter Carnival. The decedent parked his vehicle in an area used for bus parking and storage that was located directly across East Tate Road, from ETE. As the decedent walked south with his children in an attempt to cross East Tate Road he was struck by a vehicle driven by Christa B. Dean, a co-defendant.[1] At the time of impact, Dean's vehicle was traveling at a rate in excess of fifty miles-per-hour. The speed limit on East Tate Road was twenty miles-per-hour. The decedent died of his injuries within hours of the accident.

¶4. Gammel, one of seven beneficiaries of the decedent's estate, filed a wrongful death in the Circuit Court of Tate County action against Dean and the decedent's underinsured/uninsured insurance carrier. On May 2, 2006, approximately fifteen months after the initial complaint, Gammel filed his first amended complaint, which added Tate County School District (TCSD) and Tate County as defendants. Gammel alleged that TCSD and Tate County were negligent in that they breached their duties to "(1) provide adequate and reasonable safety measures, (2) maintain a safe school environment for foreseeable attendees of that school function, and (3) warn foreseeable attendees of dangers which Defendants knew or should have known existed on the night in question," and their breach was the proximate cause of the decedent's and Gammel's injuries.[2]

¶5. Following initial discovery, Tate County filed for summary judgment on March 5, 2007. Two months later, on May 22, 2007, TCSD filed its motion for summary judgment. The trial court heard both defendants' motions for summary judgment on June 28, 2007. After consideration of the defendants' motions, the trial court granted summary judgment for both Tate County and TCSD.

¶6. The trial court's grant of summary judgment for TCSD was based on several grounds.[3] First, the trial court held that there was no reason for delaying summary judgment based upon Gammel's alleged need for further discovery as the court *856 found that there was no outstanding requests for discovery at the time TCSD's motion for summary judgment was filed. Secondly, the trial court found that the decedent was a trespasser on TCSD's property when he parked his vehicle in the "bus parking" lot. Further, the trial court found that the decedent's trespasser status was relinquished when the decedent stepped off TCSD's property, i.e., the bus parking lot. Therefore, the trial court held that TCSD did not owe the decedent any duty at the time of the accident. Third, the trial court held that TCSD was immune from liability under multiple sections of the Mississippi Tort Claims Act. Fourth, the trial court held that summary judgment was proper as Gammel failed to offer any proof as to causation. Gammel timely appealed.

ANALYSIS

I. WHETHER THE TRIAL COURT ERRED IN HOLDING THAT TCSD DID NOT OWE THE DECEDENT ANY DUTY.

¶7. This Court reviews a trial court's grant of summary judgment de novo. Delahoussaye v. Mary Mahoney's, Inc., 696 So.2d 689, 690 (Miss.1997). The facts are viewed in the light most favorable to the non-movant. Collins v. Tallahatchie County, 876 So.2d 284, 286-87(¶5) (Miss. 2004). Summary judgment should not be granted if there is an issue of material fact. Id. at 287(¶5). A trial court's grant of summary judgment shall be affirmed "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." M.R.C.P. 56(c).

¶8. One basis for the trial court's grant of summary judgment was that TCSD did not owe the decedent any duty of care at the time of the accident. Specifically, the trial court found that when the decedent parked in the parking lot labeled "bus parking," his status in the realm of premises liability was that of a trespasser. Further, the trial court held that once the decedent stepped onto East Tate Road "his status as a trespasser was relinquished, and any duty owed to him by [TCSD] was also relinquished."

¶9. Gammel argues that the trial court erred in holding as such, and states that the decedent was an invitee of ETE. He further claims that pursuant to Pearl Public School District v. Groner, 784 So.2d 911 (Miss.2001), and Mississippi Code Annotated section 37-9-69 (Rev.2007), TCSD owed the decedent a duty to provide a safe environment. Additionally, Gammel claims that Lang v. Bay St. Louis/Waveland School District, 764 So.2d 1234 (Miss. 1999) positively identifies a school district's duty to build and maintain school facilities, and that this also establishes a school district's duty to provide a safe environment.

¶10. TCSD argues that Gammel's reliance on Groner and Lang is misplaced. TCSD claims that since the decedent was not on school property at the time of the accident, the trial court was correct in holding that TCSD did not owe the decedent any duty of care. We agree.

¶11. Similar to the instant case, Groner involved injuries sustained by a non-student patron. Groner, 784 So.2d at 913(¶1). However, that is where the factual and legal similarities of the two cases end. Groner was injured when a fight broke out at a Pearl High School basketball game she was attending. Id. at 913(¶5). The trial court awarded Groner damages, and the Pearl Public School District appealed. Id. at (¶6). Relying on L.W. v. McComb Separate Municipal *857 School District, 754 So.2d 1136 (Miss.

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