K.R. Borries, Individually, d/b/a K.R. Borries Construction Company v. Grand Casino of Mississippi, Inc. Biloxi

Summary

The Supreme Court of Mississippi reversed summary judgment for Grand Casino in a negligence action arising from casino barges breaking loose during Hurricane Katrina and damaging a construction site. The court held that competing expert opinions created a genuine dispute over whether the casino negligently moored its barges and whether the harm was foreseeable. It also held that the Act of God defense could not support summary judgment because reasonable care might have prevented the damage.

Holdings

1. Summary judgment was improper because the competing expert affidavits created a genuine dispute of material fact regarding whether Grand Casino took reasonable measures to prevent foreseeable harm to nearby property owners.
2. Grand Casino was not entitled to summary judgment on the Act of God defense because the evidence created a genuine issue regarding whether reasonable care could have prevented the damage.

Questions Presented

1. Whether the circuit court erred in granting summary judgment on the issue of whether Grand Casino breached its duty to take reasonable precautions to protect nearby property owners, despite conflicting expert testimony.
2. Whether the circuit court erred in applying the Act of God defense at the summary-judgment stage.

Disposition

reversed_and_remanded