Litton Systems, Inc. v. Enochs, 54225

• Decision Date: 09 May 1984
• Docket Number: No. 54225,54225
• Citation: 449 So.2d 1213
• Parties: LITTON SYSTEMS, INC. v. Elbert C. ENOCHS.
• Court: Mississippi Supreme Court

Page 1213

449 So.2d 1213

LITTON SYSTEMS, INC. v. Elbert C. ENOCHS.

No. 54225.

Supreme Court of Mississippi.

May 9, 1984.

Karl Wiesenburg, Wiesenburg & Reed, William F. Jordan, Pascagoula, for appellant.

John L. Hunter, David O. McCormick, Cumbest, Cumbest & Hunter, Pascagoula, for appellee.

Before ROY NOBLE LEE, P.J., and BOWLING and ROBERTSON, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

Elbert C. Enochs filed suit against Litton Systems, Inc. (Litton) in the Circuit Court of Jackson County, Mississippi, Honorable Robert T. Mills, presiding, for damages on account of personal injuries sustained. The jury returned a verdict in favor of Enochs in the sum of $75,000 and Litton has appealed here, assigning five errors in the trial below.

I.-II.

THE LOWER COURT ERRED IN OVERRULING LITTON'S MOTIONS FOR A DIRECTED VERDICT AND JUDGMENT NOTWITHSTANDING THE VERDICT.

THE LOWER COURT ERRED IN OVERRULING LITTON'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT ON THE GROUND THAT THE PLAINTIFF'S EXCLUSIVE REMEDY WAS UNDER THE MISSISSIPPI WORKMEN'S COMPENSATION ACT.

Evidence favorable to Enochs reflects that he had been employed by Litton for a period of approximately five (5) years, prior to July 7, 1977, in the capacity as a chipper-grinder at Ingalls Shipyards. The work was strenuous and involved the use of a 20-30 lb. chipping gun with which the workmen chipped off and smoothed seams left from welding the hulls of ships.

On July 7, 1977, 1977, Enochs reported to work for the 3:30 p.m. to midnight shift and parked his automobile in a parking lot provided by Litton, located off the shipyard premises. When the shift (second) terminated, Enochs left the shipyard through Gate # 1 and walked along a well-traveled area toward the parking lot. Several different routes were available to the parking lot and workers were at liberty to use the route they desired. In that area, guy wires were connected to tall light and antennae poles located in the shipyard and substation and were anchored by concrete deadmen, described as pillars sunk in the ground and covered with asphalt and seashells. The area was dimly lighted and, according to Enochs, was not as well lighted as previously. The shells and asphalt had eroded or washed from one of the deadmen which had protruded from two to four inches above the passageway. Although Enochs had traveled the area often before, on that night he was unable to see the deadman protruding above the ground and, because of that condition and the poor lighting, he tripped over the deadman, fell, and injured his left shoulder, head and left knee.

Litton contends that the lower court erred (1) in declining to sustain its motion for directed verdict and (2) in failing to sustain its motion for judgments notwithstanding the verdict, particularly on the ground that Enochs' exclusive remedy was under the Mississippi State Workmen's Compensation Act.

The same rule as to the scope of appellate review applies in motions for directed verdicts and judgment notwithstanding the verdict. Lewis Grocer Co. v. Williamson, 436 So.2d 1378 (Miss.1983), involved facts similar to the case here. There, Williamson drove through a store parking lot and stopped at one of the parking bumpers. The area was dimly lighted and, as Williamson got out of his car and started toward the door of the store, a floor mat, which customarily was located in front of the outside door, was partially draped over a parking bumper. He was unable to see the mat, fell and injured his left knee. We held that the only proof in the record as to the condition of the premises and what happened was made by the appellee; that, in the exercise of reasonable care, the store operator knew, or should have known, that the mat had been removed from in front of the door and placed in another location; that the jury could have believed from the evidence that appellant, the Lewis Grocer Company, had actual and constructive notice as to the condition of the premises, including poor lighting and the location of the mat draped over the bumper stop; and that the condition of such premises constituted a hazard and danger to the invited public. Quoting from Georgia-Pacific Corp. v. Blakeney, 353 So.2d 769 (Miss.1978), the principle relating to motions for directed verdict was restated:

The rule in determining whether a motion for directed verdict should be granted, requires the...