Sharp v. Odom

743 So. 2d 425, 1999 WL 367135
CourtCourt of Appeals of Mississippi
DecidedJune 8, 1999
Docket96-CA-01042-COA
StatusPublished
Cited by11 cases

This text of 743 So. 2d 425 (Sharp v. Odom) 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
Sharp v. Odom, 743 So. 2d 425, 1999 WL 367135 (Mich. Ct. App. 1999).

Opinion

743 So.2d 425 (1999)

Shamus SHARP, Appellant,
v.
Colquitt ODOM III, Christopher McRae, Carey McRae, Philip McRae and Carolyn McRae, Appellees.

No. 96-CA-01042-COA.

Court of Appeals of Mississippi.

June 8, 1999.
Rehearing Denied August 24, 1999.
Certiorari Denied November 24, 1999.

*427 Bobby L. Shoemaker, Bay Springs, Eddie Bowen, Raleigh, Attorneys for Appellant.

William McKinley, Jr., Edward J. Currie, Jr., Jackson, Ronnie L. Walton, Meridian, Attorneys for Appellees.

BEFORE KING, P.J., BRIDGES, AND LEE, JJ.

BRIDGES, J., for the Court:

¶ 1. While visiting the home of Philip and Carolyn McRae on December 27, 1991, Shamus Sharp was injured when he was accidentally shot by Colquitt Odom, III. Sharp argued that his injuries resulted from the combined negligence of Colquitt Odom, III, Philip McRae (Philip), Carolyn McRae (Carolyn), Christopher McRae (Chris), and Carey McRae (Carey). At the conclusion of the trial, the jury returned a verdict in favor of Sharp that awarded sharp damages in the amount of $62,500 and allocated one-hundred percent of the negligence to Odom. Sharp filed a motion for judgment notwithstanding the verdict, or in the alternative for a new trial, all of which the trial court denied. Aggrieved, Sharp argues on appeal that (1) Philip is negligent and/or strictly liable for the injuries caused by allowing unlimited access to a firearm and ammunition in his home, (2) Philip negligently entrusted his rifle and ammunition to his minor sons, and the court erred by not allowing jury instruction P-2, and (3) the jury's verdict evinced bias and prejudice against Sharp and was against the overwhelming weight of the evidence. Sharp appeals asking the Court to reverse this case on the issues of liability and the inadequacy of damages and to grant a new trial. Odom, as well as the McRaes, have filed cross-appeals arguing *428 that the court erred by not allowing jury instructions on contributory and comparative negligence. They contend that if the case is remanded for a new trial, the jury should be allowed to consider Sharp's contributory negligence. Finding no merit to the issues raised, we affirm the judgment entered on the jury's verdict.

FACTS

¶ 2. On December 27, 1991, Sharp, Odom, Chris, and Carey met at the McRae home in Jasper County, Mississippi, for the purpose of sharing a ride to work. The boys worked for several hours that day planting trees, but due to rain they returned to the McRae home early that afternoon. Sharp and Odom decided to remain at the McRae home that afternoon to visit with Chris and Carey. Although Chris, Carey, and Odom were eighteen years old and Sharp was only sixteen years old, the record shows that Sharp and Odom considered the brothers to be their close friends, and that they visited the McRae household frequently.

¶ 3. While visiting in the bedroom shared by the twins, Chris and Carey, Odom began playing with a 30/30 unloaded lever-action rifle which was displayed openly on a gun rack. Curious to see how the rifle worked, Odom began working the action, that is pulling the lever and breaching the chamber. Subsequently, Odom loaded a bullet into the rifle and worked the action of the rifle which had the effect of cocking the hammer. Odom tried to let the hammer down by holding it, pulling the trigger, then letting the hammer down gently. However, Odom's hand slipped, and the rifle accidently discharged. The bullet struck Sharp in his right arm and entered his chest. On June 23, 1993, Sharp filed a complaint against Odom, Chris, Carey, Philip, and Carolyn. The complaint alleged that the defendants acted negligently and demanded money damages. The case went to trial on November 21, 1994. On November 23, 1994, the jury returned a verdict in favor of Sharp assessing his actual damages in the amount of $62,500 and allocating negligence one-hundred percent to Odom and zero percent to Philip, Chris, Carey and Carolyn. Sharp filed a motion for a judgment notwithstanding the verdict, or in the alternative for a new trial, which was overruled on August 26, 1996. Sharp has now filed this appeal and the McRaes and Odom have filed cross-appeals.

ARGUMENT AND DISCUSSION OF LAW

I. WHETHER THE ADULT OWNER OF A FIREARM AND AMMUNITION WHO ALLOWS UNLIMITED ACCESS TO THAT FIREARM AND AMMUNITION IN HIS HOME IS LIABLE FOR INJURIES CAUSED THEREFROM BY THE NEGLIGENCE OF A MINOR.

¶ 4. Sharp argues on appeal that Philip created a dangerous condition in his home by allowing unlimited access to the rifle and ammunition, and therefore, he was strictly liable or negligent as a matter of law. Specifically, Sharp contends that Philip (1) owned the rifle that injured Sharp, (2) allowed his sons to keep firearms and ammunition in their room from the time that they were sixteen years of age, (3) the firearms were kept in an open, unsecured, and unlocked gun rack, and (4) there was no outside locking device to prevent a visitor's access to the guns. Sharp argues that these facts created a dangerous situation and that Philip did not use extraordinary care to prevent a foreseeable injury. Philip argues that Sharp was aware of the danger, was knowledgeable about gun safety, and knew Odom was misusing the gun. Philip contends that Sharp cannot recover for injuries resulting from a situation he was not only aware of but posed risks that he appreciated.

¶ 5. In Mississippi, all questions of negligence and contributory negligence are determined by the jury. Miss.Code Ann. § 11-7-17 (1972). A jury verdict on *429 appeal will not be overturned unless the verdict was against the overwhelming weight of evidence or is a result of bias, passion, and prejudice. Southwest Miss. Reg'l Med. Ctr. v. Lawrence, et al., 684 So.2d 1257, 1267 (Miss.1996). To prove negligence, a plaintiff must show by a preponderance of the evidence the following elements: duty, breach of duty, proximate cause, and damages. May v. V.F.W. Post No. 2539, 577 So.2d 372, 375 (Miss.1991); Palmer v. Biloxi Reg'l Med. Ctr., Inc., 564 So.2d 1346, 1355 (Miss.1990). The duty or standard of care owed to a defendant depends upon the relationship between the parties. Skelton v. Twin County Rural Elec. Asso., 611 So.2d 931, 935 (Miss.1992). The Mississippi Supreme Court has held that a social guest, or invited guest, is a licensee or one who enters the property for his own benefit, pleasure, or convenience and with implied permission of the owner. Wright v. Caffey, 239 Miss. 470, 476, 123 So.2d 841, 844 (1960). The general rule for the duty owed to a licensee is that a host must refrain from wilfully or wantonly injuring the guest. Id.

Sharp argues that Philip owed him an extraordinary duty of care. Philip contends that the duty owed Sharp is that of a licensee. This Court agrees with the appellee that Sharp was a social guest of the McRae household, and Philip had only a duty to refrain from wilfully or wantonly injuring Sharp. Id. To wilfully or wantonly injure Sharp, Philip's conduct would have to exceed ordinary negligence and be a conscious disregard of a known, serious danger. Dry v. Ford, 238 Miss. 98, 100, 117 So.2d 456, 458 (1960). The record shows that there was sufficient evidence for the jury to consider and conclude that Philip was not negligent. There was testimony evidence presented that showed that Sharp frequently visited the McRae household and that Sharp knew that the McRaes hunted and kept firearms in the house.

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Bluebook (online)
743 So. 2d 425, 1999 WL 367135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-odom-missctapp-1999.