Boyd v. Magic Golf, Inc.
52 So. 3d 455
Miss. Ct. App.2011Background
- Samantha Boyd injured July 29, 2003 at Slippery Sam's water park; tooth and bone loss after middle cement slide impact
- Park owned by Magic Golf, Inc.; dissolved 2006; Hurricane Katrina destroyed park in 2005
- No lifeguards at slide top; policy required lifeguards but one was on break the day of injury
- Boyds filed premises-liability suit; Slippery Sam's moved for directed verdict; circuit court granted
- Boyds appealed asserting error in directed verdict and exclusion of Nancy Boyd's testimony
- Court of Appeals affirmed the circuit court's rulings, holding no reversible error
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the directed verdict proper on premises liability? | Boyds: Slippery Sam's breached duty by lacking top-lifeguard supervision | Slippery Sam's: no proven duty breach; no expert proof of standard of care | Directed verdict affirmed; no breach proven |
| Was Nancy Boyd's testimony properly excluded? | Testimony admissible as personal knowledge; relevant observations | Exclusion proper under Rule 403 and hearsay rules | Exclusion affirmed; not reversible error |
Key Cases Cited
- Spotlite Skating Rink, Inc. v. Barnes ex rel. Barnes, 988 So. 2d 364 (Miss. 2008) (duty of supervision for amusement-venue injury case)
- Pigg v. Express Hotel Partners, LLC, 991 So. 2d 1197 (Miss. 2008) (duty of care to invitees; failure to warn/inspect)
- Hardy ex rel. Hardy v. K Mart Corp., 669 So. 2d 34 (Miss. 1996) (occurrence of accident not per se evidence of negligence)
- Sears, Roebuck & Co. v. Tisdale, 185 So. 2d 916 (Miss. 1966) (premises liability standards for invitees)
- Kennedy v. Ill. Cent. R.R., 30 So. 3d 333 (Miss. 2010) (directed-verdict standard of review)