Green v. Allendale Planting Co.

• Decision Date: 26 April 2007
• Docket Number: No. 2005-CA-02271-SCT.,2005-CA-02271-SCT.
• Citation: 954 So.2d 1032
• Parties: Larry GREEN v. ALLENDALE PLANTING COMPANY and the KBH Corporation.
• Court: Mississippi Supreme Court

954 So.2d 1032

Larry GREEN v. ALLENDALE PLANTING COMPANY and the KBH Corporation.

No. 2005-CA-02271-SCT.

Supreme Court of Mississippi.

April 26, 2007.

Ellis Turnage, Cleveland, attorney for appellant.

Timothy Michael Peeples, Wilton V. Byars, III, Oxford, Charles S. Hewins, Lawrence D. Wade, Greenville, attorneys for appellees.

EN BANC.

EASLEY, Justice, for the Court.

¶ 1. This case is an action for damages for personal injuries brought by Larry Green (Green) in the Circuit Court of Bolivar County against his employer, Allendale Planting Company (Allendale), and The KBH Corporation (KBH), collectively "the Defendants," for injuries he sustained while attempting to determine the cause of an unusual noise he heard while operating a mule boy, owned by his employer, Allendale, and manufactured by KBH. The Defendants filed a Motion for Summary Judgment. The trial court originally granted summary judgment in part to both Defendants. The Defendants later filed a Motion to Reconsider. Upon review of the Motion to Reconsider, the trial court granted summary judgment in favor of both Defendants on all issues. Feeling aggrieved, Green now appeals the judgment of the Bolivar County Circuit Court to this Court.

FACTS

¶ 2. Allendale purchased the mule boy in question from KBH approximately three to four weeks prior to Green's accident.¹ Allendale did not make any modifications to the mule boy and had not experienced any problems with it. Although it was Green's first cotton season operating the mule boy, he was an experienced farm hand. Green had operated various farm implements that could be attached to tractors such as cultivators, plows, bush hogs, disks, and grain carts. Moreover, Green had been employed at Allendale for approximately twelve years before the accident.

¶ 3. On September 28, 2001, the day of the accident, Green was operating the mule boy when he heard a loud, unusual noise coming from the back of the mule. Green left the mule boy running and stepped down from the tractor. In order to determine the exact cause of the noise, Green knelt down in close proximity to the four metering chains. Green lost his balance. In an attempt to reestablish his balance, Green's hand came into contact with the moving chains, and he lost three fingers.

¶ 4. Green filed suit against Allendale alleging multiple theories of employer liability. Green later amended his original complaint to assert a product liability claim against KBH. Both Defendants filed a motion for summary judgment. The trial court originally granted summary judgment in part to both Defendants. The trial court initially found that Allendale was entitled to judgment as a matter of law on the following issues: (1) defective design and/or lack of safety guard; (2) failure to adequately supervise, instruct, and/or train; and (3) failure to warn. However, the trial court found that a genuine issue of material fact existed on the following issues: (1) failure to properly maintain, repair, and inspect the mule boy to discover hazards, and (2) failure to maintain a safe working environment. The trial court also initially found that KBH was entitled to judgment as a matter of law on the issue of failure to warn. The trial court held that Green knew of the danger associated with the moving chains and that no amount of warning would have prevented his injuries. However, the trial court found that a genuine issue of material fact existed regarding whether Green voluntarily and deliberately exposed himself to the danger posed by the moving chains.

¶ 5. Upon review of the motion to reconsider, the trial court found that both Allendale and KBH were entitled to judgment as a matter of law on all issues. The trial court held that Green had failed to set forth any specific facts to support his allegations that Allendale was negligent. As to Green's defective design claim against KBH, the trial court concluded that there was no genuine issue of material fact regarding whether he voluntarily and deliberately exposed himself to a dangerous condition. The court further held that Green's own testimony established that his actions were deliberate and voluntary. Green voluntarily knelt down next to the moving chains, with the knowledge that they were dangerous. His actions were sufficient to indicate acceptance of the dangerous condition.

¶ 6. Aggrieved by the trial court's judgment, Green timely filed notice of his appeal. Green later filed with this Court a motion for an extension of time to file his appellate brief. This Court granted the extension and explicitly stated that Green's appellate brief was due on June 21, 2006. However, both Allendale and KBH raise on appeal that the certificate of service on Green's brief reflects that he did not file his brief until June 23, 2006, two days after the deadline. Rule 31 of the Mississippi Rules of Appellate Procedure (M.R.A.P.) states:

If an appellant fails to file the appellant's brief within the time provided by this rule or within the time extended, the appeal may be dismissed on motion of the appellee or on the Supreme Court's own motion as provided in Rule 2.

Rule 2 of the M.R.A.P. states:

When either court, on its own motion or on motion of a party, determines that dismissal may be warranted under this Rule 2(a)(2), the clerk of the Supreme Court shall give written notice to the party in default, apprising the party of the nature of the deficiency. If the party in default fails to correct the deficiency within fourteen (14) days after the notification, the appeal shall be dismissed by the clerk of the Supreme Court.

(Emphasis added).

¶ 7. Although Green's brief was filed after the deadline, this Court never gave him notice of the alleged default. Additionally, Green's brief was filed only two days after the deadline, and according to Rule 2(a)(2) of the M.R.A.P., well within the fourteen days this Court gives a party to correct a deficiency. Therefore, this Court finds that Green's appeal is not dismissed pursuant to Rule 2 of the M.R.A.P.

DISCUSSION

¶ 8. Green contends that the trial court improperly granted summary judgment in favor of Allendale Planting Company and KBH Corporation. In reviewing a trial court's ruling on a motion for summary judgment, this Court conducts a de novo review and "examines all the evidentiary matters before us, including admissions in pleadings, answers to interrogatories, depositions, and affidavits." Price v. Purdue Pharma Co., 920 So.2d 479, 483 (Miss.2006) (citing Aetna Cas. & Sur. Co. v. Berry, 669 So.2d 56, 70 (Miss.1996), overruled in part on other grounds, Owens v. Miss. Farm Bureau Cas. Ins. Co., 910 So.2d 1065, 1074 (Miss.2005)). "The evidence must be viewed in the light most favorable to the party against whom the motion has been made." Price, 920 So.2d at 483 (citing Berry, 669 So.2d at 70). "The moving party has the burden of demonstrating that a genuine issue of material fact exists, and the non-moving party must be given the benefit of the doubt concerning the existence of a material fact." Howard v. City of Biloxi, 943 So.2d 751 (Miss. Ct.App. 2006) (citing City of Jackson v. Sutton, 797 So.2d 977, 979 (Miss. 2001)).

¶ 9. "Issues of fact sufficient to require a denial of a motion for summary judgment are obviously present where one party swears to one version of the matter in issue and another party takes the opposite position." Price, 920 So.2d at 483 (citing American Legion Ladnier Post No. 42 v. Ocean Springs, 562 So.2d 103, 106 (Miss.1990)). "If any triable issues of fact exist, the trial court's decision to grant summary judgment will be reversed." Price, 920 So.2d at 484. Otherwise, the decision is affirmed. Id. at 483 (citing Miller v. Meeks, 762 So.2d 302, 304 (Miss. 2000)).

I. Whether the trial court erred in granting summary judgment in favor of Allendale.

¶ 10. Green contends that the trial court should not have granted Allendale's motion for summary judgment. Green argues on appeal that there are genuine issues of material fact that should be resolved by the jury. Contrary to Green's assertions, Allendale argues that the trial court properly dismissed Green's claims as a matter of law. Allendale further contends that Green's negligence was the sole proximate cause of his injuries. Allendale also asserts that Green would not have sustained any injuries if he had stopped the machine and then attempted to investigate its malfunction. By failing to do so, Green voluntary subjected himself to an open and obvious danger.

¶ 11. We find that the trial court did not err in granting summary judgment in favor of Allendale because as a matter of law, Allendale did not breach its duty to provide Green with a reasonably safe work environment, fail to warn or instruct him of the dangers associated with the mule boy, or provide him with a reasonably safe work tool.

A. Duty to provide a safe work environment.

¶ 12. Green argues on appeal that Allendale breached its duty to provide him with a reasonably safe work environment by failing to properly maintain and repair the mule boy. This Court has previously held that "an employer owes its employees the nondelegable duty to provide its employees with a safe place to work." Monroe County Elec. Power Ass'n v. Pace, 461 So.2d 739, 748 (1984). Green offers no evidence to support his claim that Allendale failed to provide him with a reasonably safe work environment. In fact, his sworn deposition testimony defeats his claim against Allendale. During his deposition, Green admitted that the mule boy was only approximately three to four weeks old. Green also acknowledged that he inspected and performed the general maintenance of lubricating the metering chains attached to the mule boy every day. Green also admits in his appellate brief that between the date of purchase and the accident, Allendale did not make any modifications to the mule boy.

¶ 13. To avoid summary judgment, the non-movant must set forth specific...