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ANDERSON v. CLAIBORNE CTY. REC. CLUB, INC.

No. 2000-CA-01539-SCT.

812 So.2d 965 (2002)

Lora ANDERSON, Individually and as Natural Parent of Alisha Anderson, Deceased, A Minor, On Behalf of All Wrongful Death Beneficiaries v. CLAIBORNE COUNTY RECREATION CLUB, INCORPORATED; Claiborne County Recreational Association; Helen Slay; Malcolm Montgomery; Danny Lurk; Jo Ann Lurk; Tony Dodgen; Cathi Dodgen; Judy Hynum; Ronnie Hynum; Mrs. Charles Barland; Ronnie Brown; Nancy Hynum; Jim Hynum; Steve Purvis; Allen Brown; Kathy Brown; Allen Burrell; Isabella Person; Raymond Willis; Ruth Willis; Charles Donald; Shelby Donald; J.W. Person; Alex Batton; Jerry Morgan; Kay Morgan; Jordan Coley; Carolyn Coley; Douglas Nasif; Rebecca Nasif; Lisa Mcfatter; Melvin H. Mcfatter; Mary See; Winborne M. Drake; Ruth A. Drake; Bobbie Jordan; Merrie Miles Wooten; Anita Davidson; Robert Davidson; Fred Stuart; Linda Stuart; Ron Bullock; Willie Case; Joe Foster; and Vivian Raner.

Supreme Court of Mississippi.

April 4, 2002.

Attorney(s) appearing for the Case

James Randal Wallace, Robert C. Boyd, Jackson, attorneys for appellant.

J. Tucker Mitchell, Luke Dove, Robert Coleman, Joanna E. Busby, Wade G. Manor, Ridgeland, Hugh Gillon, Roger C. Riddick, Greenwood, R.E. Parker, Vicksburg, Lee Davis Thames, John Alfred Waits, Robert S. Addison, Sam Starnes Thomas, William Douglas Mann, Arthur F. Jernigan, Samuel Ernest Linton Anderson, Jackson, attorneys for appellees.

Before McRAE, P.J., EASLEY and GRAVES, JJ.

McRAE, P.J., for the Court.

¶ 1. On July 10, 1996, Alisha Anderson drowned in a swimming pool after she crawled through a hole in a fence to reach the pool. Her mother, Lora Anderson, brought this wrongful death suit against the owners of the pool, and the trial court granted summary judgment for the defendants. On appeal, Anderson asserts that the trial court erred in granting summary judgment in favor of the defendants as to (1) the recovery by Lora Anderson...

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