Anderson v. Claiborne Cty. Recreation Club, Inc.

Summary

The Mississippi Supreme Court affirmed summary judgment for the defendants in a wrongful-death action arising from a child's drowning in an unattended swimming pool. The court held that the child was a trespasser and that the defendants' duty was limited to refraining from willful or wanton conduct, which was not established by the failure to repair a hole in the pool fence. The court also declined to address whether the recreation organization was a corporation or an unincorporated association because the trial court had not decided that issue.

Holdings

1. Under Mississippi law, the defendants owed the trespassing child a duty to refrain from willfully or wantonly injuring her; the failure to repair the fence hole did not constitute willful or wanton conduct.
2. Summary judgment for the defendants was proper because the record presented no genuine issue of material fact and the defendants had no liability under applicable Mississippi law.

Questions Presented

1. Whether the defendants were entitled to summary judgment because their alleged failure to repair a hole in the fence surrounding the closed swimming pool did not constitute willful or wanton conduct toward a trespasser.
2. Whether the defendants' status as a corporation or unincorporated association should be addressed on appeal.

Disposition

affirmed