Eli Investments, LLC v. Silver Slipper Casino Venture, LLC

Summary

The Mississippi Supreme Court reviewed summary judgment entered for a casino operator after its casino barge broke free during Hurricane Katrina and allided with the plaintiff’s hotel. The court held that competing expert opinions created a genuine dispute of material fact concerning whether the operator negligently moored the barge and whether the Act of God defense applied. The court reversed and remanded for further proceedings.

Holdings

1. The trial court erred in granting summary judgment because Eli presented sufficient evidence to create a genuine dispute of material fact as to whether Silver Slipper breached its duty to take reasonable measures to prevent foreseeable harm to nearby property owners.
2. Silver Slipper was not entitled to summary judgment based on the Act of God defense because a genuine dispute of material fact existed as to whether Silver Slipper's negligence was the proximate cause of the damage.

Questions Presented

1. Whether the circuit court erred in holding that no genuine issues of material fact existed regarding Silver Slipper's breach of its duty to take reasonable precautions to protect those in close proximity to the President Casino.
2. Whether the circuit court erred by applying the Act of God defense to Silver Slipper, given the questions of fact raised by Eli regarding Silver Slipper's negligence.

Disposition

reversed_and_remanded