Gordon Rees Scully Mansukhani Partner Hiawatha Northington II recently won summary judgment on behalf of the firm’s client, a provider of residential and day support services for people with intellectual and developmental disabilities, which had been sued for negligence based on alleged third-party criminal activity occurring on its premises.
The matter arose from allegations by a community member regarding an incident involving another individual on the provider’s premises. The plaintiff filed suit in state court in Mississippi, claiming the provider failed to ensure a safe environment and allowed a person with a criminal history to cause harm. However, in addition to highlighting the lack of evidence supporting the plaintiff’s claims, GRSM also argued that the plaintiff did not meet the requirements outlined in the Mississippi Landowner Protection Act (LPA), which limits liability for premises owners concerning the criminal activities of third parties.
The trial court granted the provider’s motion for summary judgment, finding that the plaintiff failed to establish that the provider “actively and affirmatively, with a degree of conscious decision making” impelled the conduct of the third party involved and failed to show that an “atmosphere of violence” existed on the premises.
GRSM’s aggressive pursuit of disposition cleared the provider of any wrongdoing and created precedent for the enforcement of the requirements of the LPA against plaintiffs in Mississippi premises liability cases.
Learn more about GRSM’s Professional Liability Defense practice.