Johnson v. Goodson

Judy Johnson appealed the circuit court's affirmance of a county court judgment granting Ronnie Goodson’s motion for summary judgment. Johnson claimed she was injured while she was an invited guest on Goodson’s property and a passenger in his golf cart. Johnson sued Goodson, alleging Goodson had operated the golf cart carelessly, recklessly, and negligently, causing Johnson to be thrown about in the vehicle and to suffer injuries. Johnson filed a motion for summary judgment, arguing that, at the time of the accident, Goodson was the operator of a motor vehicle, and, as such, the applicable standard of care was that of a reasonable person. Johnson argued Goodson breached his duty of care by operating a vehicle on his property in an unsafe manner, proximately causing Johnson’s injuries. Goodson responded that Johnson was a licensee, that he did not breach any duties owed to her as a licensee, and the standard Johnson sought was not applicable. In Goodson’s motion for summary judgment, he sought to be shielded from ordinary negligence by alleging that Johnson’s cause of action was one of premises liability, and that he, as a landowner, only owed Johnson, a licensee, a duty to refrain from wilfully, wantonly, knowingly, or intentionally injuring her. Were premises liability the only law applicable, the Mississippi Supreme Court opined the trial and appellate courts would be affirmed. But given the facts presented, the Supreme Court concluded both erred: that the circumstances surrounding a moving golf cart, which the property owner was driving, raise an issue of negligence proper for resolution by the trier of fact. View "Johnson v. Goodson" on Justia Law