Legal Opinion

Dyse v. BKS, Inc.

Court of Appeals of Mississippi

Decided September 10, 2013No. 2012-CA-01078-COAPublished

1Opinion of the Court

JAMES, J., for the Court:

¶ 1. Marion Dyse filed a personal-injury action against BKS Inc. after she was sprayed with gasoline from a leaking gas-pump hose at a BKS-owned gas station, Keith’s Superstore # 155. Finding that Dyse failed to present a genuine issue of material fact as to damages, the trial court granted BKS summary judgment. The trial court sua sponte found the suit was frivolous and ordered Dyse to pay $2,500 in sanctions. As we find genuine issues of material fact were in dispute as to Dyse’s claim, we reverse the trial court’s grant of summary judgment, and remand this case for…

2Cases cited10 opinions

  1. Karpinsky v. American National Insurance Co.Mississippi Supreme Court · 2013
  2. Grisham v. JOHN Q. LONG VFW POST, NO. 4057, INC.Mississippi Supreme Court · 1988
  3. Brown v. Hartford Ins. Co.Mississippi Supreme Court · 1992
  4. Downs v. ChooMississippi Supreme Court · 1995
  5. City of Jackson v. SuttonMississippi Supreme Court · 2001

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