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HOWZE v. GARNER

No. 2004-CA-01257-COA.

928 So.2d 900 (2005)

Blaine HOWZE and Lisa Howze, Individually and on Behalf of Their Minor Son, Jarred Howze, Appellants. v. Carrie D. GARNER, Executrix of the Estate of B.J. Garner, Deceased, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 16, 2006.

Attorney(s) appearing for the Case

Preston John Mauffray, John Randall Santa Cruz, attorneys for appellants.

David L. Cobb, Jeffrey G. Pierce, Gulfport, attorneys for appellee.

EN BANC.

CHANDLER, J., for the Court.

¶ 1. Blaine, Lisa Marie, and Cory Howze attended a swimming party at the home of B.J. Garner. Garner allowed his daughter to use his home and pool for the party, but Garner was not involved in the planning of the party and did not attend. Cory drowned in Garner's pool; the adult who was supervising the pool was unable to see Cory because the water in the pool was cloudy. Blaine and Lisa Marie sued Garner for creating a dangerous condition...

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