Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McConnell v. Hogan

Court of Appeals of Mississippi

January 23, 2018

ANDREW MCCONNELL APPELLANT
v.
CARL HOGAN APPELLEE

          DATE OF JUDGMENT: 10/05/2016

         LOWNDES COUNTY CIRCUIT COURT HON. LEE J. HOWARD, Judge

          ATTORNEY FOR APPELLANT: P. NELSON SMITH JR.

          ATTORNEY FOR APPELLEE: STEPHEN PIERCE SPENCER

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          GREENLEE, J.

         ¶1. Andrew McConnell sued for injuries sustained when he dove into the swimming pool at Carl Hogan's home. The Lowndes County Circuit Court granted summary judgment to Hogan, dismissing McConnell's lawsuit. McConnell appeals, claiming summary judgment was improper because a genuine issue of material fact exists as to Hogan's duty to warn of a dangerous condition. Finding no genuine issue of material fact, we affirm.

         BACKGROUND

         ¶2. On June 15, 2013, McConnell visited Hogan's residence to swim in his pool. While Hogan was away on vacation, Hogan's caretaker, Dave Johnson, gave McConnell's mother-in-law, Laurie Livingston, permission to use Hogan's pool. Laurie invited several other family members to join her at the pool, including her fourteen-year-old son and stepson, Brian Tribble and Phillip Livingston, and her daughter, Amber McConnell. Amber invited her husband, McConnell, to join them.

         ¶3. Johnson opened the access-restrictive gates surrounding Hogan's property to allow Laurie's guests in. Laurie, Brian, and Phillip arrived an hour before Amber and McConnell. Brian and Phillip began swimming in the pool.

         ¶4. Hogan's pool is designed to resemble a lagoon. The pool has a deep portion in the middle, and two shallow sides on either end. A large rock protrudes from the water on one side of the pool, while another rock lays outside the pool's middle. When McConnell arrived at Hogan's residence, he went down to the pool. Brian showed McConnell the rock laying outside the middle of the pool, and then, dove off it, into the middle of the pool, while McConnell watched. Then McConnell headed toward that same rock. He quickly slid off his flip-flops and shirt; ran; and dove from the same rock, but toward a shallow end. The other guests, realizing McConnell was moments from diving into the shallow end, yelled to warn him. However, McConnell was already in the air, and it is unclear whether he heard them. McConnell, after diving, was injured. He suffered a cracked skull and broken neck/back. McConnell was able to exit the pool on his own, stating, "I'm a d--- idiot." Thereafter, he went to the local emergency room in Columbus, Mississippi, and was transported to Jackson, Mississippi, for further evaluation.

         ¶5. McConnell filed suit on November 7, 2014, alleging he suffered injuries caused by Hogan's negligence. The circuit court granted summary judgment in favor of Hogan. McConnell has timely appealed to this Court.

         DISCUSSION

         ¶6. The standard of review for summary judgment is de novo. Hudson v. Courtesy Motors Inc., 794 So.2d 999, 1002 (¶7) (Miss. 2001). Summary judgment is proper only when there are no genuine issues of material fact and the moving party is entitled to a judgment as a matter of law. M.R.C.P. 56(c). All evidence is viewed in the light most favorable to the nonmoving party. Travelers Prop. Casualty Corp. v. Stokes, 838 So.2d 270, 273 (ΒΆ9) (Miss. 2003). In reviewing the motion, the court considers "all admissions, answers to interrogatories, depositions, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.