Mississippi Supreme Court Dismisses Case Against Truck Stop

A truck driver whose wife was tragically killed at a crossing at a Mississippi truck stop failed to allege facts sufficent to defeat a motion for directed verdict, Mississippi Supreme Court ruled in a 5-4 decision. Plaintiff’s lawyers had alleged that the truck stop operators negligently failed to provide adequate lighting and had placed a propane tank and advertising in its parking lot, obstructing the view of pedestrians and drivers of oncoming traffic. But the Mississippi Supreme Court found that the danger of crossing the public roadway should have been obvious to the truck driver’s wife. Four of the judges disagreed, finding that even though the truck stop did not own the area in question, there was testimony at trial that it was generally known that truckers parked in the area, even those that were not customers at the truck stop. Unfortunately for the Plaintiff, he was one judge short.