Oral arg. – COA – April 20, 2016 a.m.

At 10:00 the COA will hear the premises liability case of  Helene Benson v. Mack Rather dba The Tint Shop and Vicksburg Printing and Publishing Company 

Benson was having work done on her car at the Tint Shop when she tripped over a concrete threshold that was serving no purpose but was left over from when that area of the building was used to wash cars.  She sued the Tint Shop and Vicksburg Printing which owned the building arguing negligence and negligence per se because the design violated the International Building Code. The defendants argued that once Benson entered the service bay of the garage she was no longer an invitee but a licensee.

The trial court granted summary judgment for the defendants finding that  Section 101.4.5 of the International Building Code specifically excluded existing structures and that there was no dispute The Tint Shop building was built prior to 1960.  And even if it did apply,  Benson did not show she was in the category of persons the section was designed to protect; that she suffered injuries that the code was designed to avoid; or, that the violation caused her injuries.

Benson appealed.

Benson’s brief

Vicksburg Printing’s brief

The Tint Shop’s brief

Benson’s reply brief

Watch the argument here

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