MOZIER v. PARSONS

Civ. A. Nos. 93-2158-GTV, 93-2159-GTV.

852 F.Supp. 925 (1994)

John O. MOZIER, Jr. and Nancy G. Mozier, Plaintiffs, v. Charles PARSONS and Brenda Parsons, Defendants. John O. MOZIER, Sr., as Special Administrator of the estate of Emily Elise Mozier, deceased, Plaintiff, v. Charles PARSONS and Brenda Parsons, Defendants.

United States District Court, D. Kansas.

Order Certifying Question May 18, 1994.


Attorney(s) appearing for the Case

Mark C. Owens, Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, KS, Peter A. Martin, Redstone, CO, for plaintiffs.

Zackery E. Reynolds, Fort Scott, KS, for Charles Parsons, Brenda Parsons.

John H. Mitchelson, Wheeler & Mitchelson, Chtd., Pittsburg, KS, for Bauman Pool and Spa Inc.

James L. Sanders, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, KS, for Stephen Howell, State Farm Fire & Cas. Co.


MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

These are wrongful death and survival actions in which plaintiffs seek recovery for the injury and death of three-and-one-half-year old Emily Mozier, who drowned in defendants' swimming pool. These consolidated cases are before the court on defendants' motion for summary judgment (Doc. 48). For the reasons set forth below, the motion is denied.

I. Relevant Facts

Plaintiffs John...

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