K-Mart Corporation v. Hardy

6 Citing cases

  1. Mississippi Dept. of Transp. v. Johnson

    873 So. 2d 108 (Miss. 2004)   Cited 20 times

    In Mississippi, a plaintiff may espouse one of three theories in support of a claim of negligence such as this: (1) that the defendant's own negligence created a dangerous condition which caused plaintiff's injury; (2) that the defendant had actual knowledge of the danger she faced as an invitee or (3) that based upon the passage of time, the defendant should have known about the dangerous condition caused by another party and if defendant had acted reasonably, i.e., constructive knowledge of that condition should be imputed to that defendant. K Mart Corp. v. Hardy ex rel. Hardy, 735 So.2d 975, 980 (Miss. 1999) (citing Downs v.Choo, 656 So.2d 84, 86 (Miss. 1995); Munford, Inc. v.Fleming, 597 So.2d 1282, 1284 (Miss.

  2. Haik v. Gammill

    122 So. 3d 771 (Miss. Ct. App. 2013)   Cited 3 times

    Our supreme court has explained that for a case to be reversed on the admission of evidence, “it must result in prejudice and harm or adversely affect a substantial right of a party.” K–Mart Corp. v. Hardy, 735 So.2d 975, 983 (¶ 21) (Miss.1999) (citation omitted). “To apply the harmless[-]error analysis ... [the appellate court] must determine whether the weight of the evidence ... is sufficient to outweigh the harm done by allowing admission of [the] evidence.”

  3. Haik v. Gammill

    NO. 2011-CA-00975-COA (Miss. Ct. App. Feb. 26, 2013)

    Our supreme court has explained that for a case to be reversed on the admission of evidence, "it must result in prejudice and harm or adversely affect a substantial right of a party." K-Mart Corp. v. Hardy, 735 So. 2d 975, 983 (¶21) (Miss. 1999) (citation omitted). "To apply the harmless[-]error analysis . . . [the appellate court] must determine whether the weight of the evidence . . . is sufficient to outweigh the harm done by allowing admission of [the] evidence."

  4. Brown v. National Railroad Passenger Corporation

    CIVIL ACTION NO. 3:08cv559KS-MTP (S.D. Miss. Mar. 28, 2011)   Cited 4 times
    Holding that fact question existed where various eyewitness accounts conflicted with data from event recorder

    Leflore County v. Givens, 754 So.2d 1223, 1230 (Miss. 2000) (citing K-Mart Corp. v. Hardy, 735 So.2d 975, 981 (Miss. 1999)). Circumstantial evidence is certainly capable of supporting an inference of negligence under Mississippi law.

  5. Irby v. Travis

    2004 CA 414 (Miss. 2006)   Cited 33 times
    Reversing $3.75 million jury award in wrongful death case

    For a case to be reversed on the admission or exclusion of evidence, the defendant must show that it resulted in harm and prejudice to a substantial right of the defendant. Cargile, 847 So.2d at 263 (citing K-Mart Corp. v. Hardy ex rel. Hardy, 735 So.2d 975, 983 (Miss. 1999)). ¶ 57.

  6. Rawls v. Blakeney

    2001 CA 1027 (Miss. Ct. App. 2002)   Cited 11 times
    Finding prescriptive easement established over a road partially cutting across adjoining property owner's land

    "That there may be other evidence to the contrary is irrelevant." K-Mart Corp. v. Hardy ex rel Hardy, 735 So.2d 975, 987 (¶ 36) (Miss. 1999); Johnson, 735 So.2d at 236 (¶ 24). (1) Hostile