Renner v. Retzer Resources, Inc.

While on a road trip with his family, John Renner (plaintiff) stopped at a McDonald’s in Winona, Mississippi. After visiting the restaurant’s condiment station, Renner tripped over the leg of a highchair that was protruding from behind a half wall. Renner fell, suffering injuries to his face and shoulder. Renner sued Retzer Resources, Inc. (Retzer) (defendant), the owner and operator of the McDonald’s, for negligence. During depositions, Greta Seigel, a regular patron of the Winona McDonald’s, testified that the highchairs were regularly stored behind the half wall near the condiment station, the legs of the highchairs routinely protruded into the walkway, and multiple other patrons had similarly bumped into the highchairs. She also testified that while the highchairs themselves were visible, the legs protruding into the walkway were unexpected. Seigel had brought the situation to the attention of both the store manager and other employees on multiple occasions. The store manager, Velencia Hubbard, did not dispute that the highchairs were regularly stored behind the half wall, but she testified that she believed that to be an appropriate location for them. Retzer moved for summary judgment, and the trial court granted the motion, finding that the presence of a highchair in a restaurant was a normal and usual condition that did not support negligence liability. Renner appealed to the Mississippi Supreme Court.