Gordon Rees Scully Mansukhani Partner Hiawatha Northington II recently obtained summary judgment on behalf of the firm’s client, a multifamily housing complex, which had been sued for negligence based on alleged third-party criminal activity occurring on its premises.
The underlying case originated with the late-night shooting of a non-resident on the premises of the complex by an unknown person or persons. No one was ever charged in conjunction with the incident, and unfortunately, the non-resident succumbed to his injuries. The plaintiff, a relative of the deceased individual, filed suit in state court in Mississippi, claiming the owner of the complex failed to provide a safe environment and did not do enough to prevent the incident from happening.
In response to the plaintiff’s claims, GRSM filed a motion for summary judgment, noting that the plaintiff did not satisfy the requirements outlined in the Mississippi Landowner Protection Act, which limits liability for premises owners following criminal activities of third parties on property. Among other things, GRSM pointed out that in this case, because the plaintiff could not identify the alleged third-party criminal actor or actors, there was no way for the plaintiff to establish that the owner of the complex knew or could have known of any propensity for the particular violent act that occurred.
The trial court agreed and granted the motion for summary judgment, finding that the plaintiff failed to establish that the complex “actively and affirmatively, with a degree of conscious decision making” impelled the conduct of the unknown shooter or shooters and also failed to show that an “atmosphere of violence” existed on the premises.
This case demonstrates GRSM’s experience in navigating the complexities of the Landowner Protection Act, which, combined with a thorough understanding of the available facts, helped to secure a favorable outcome for its client under Mississippi premises liability law.