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Donald MOSES, Administrator of the Estate of Donganell Moses v. Clyde BRIDGEMAN, Jr., and Dorothy Bridgeman
03-603
SUPREME COURT OF ARKANSAS
355 Ark. 460; 139 S.W.3d 503; 2003 Ark. LEXIS 685

December 18, 2003, Opinion Delivered
PRIOR HISTORY: [***1] APPEAL FROM THE JEFFERSON CIRCUIT COURT, NO. CIV-2001-504 -3-2, HON. H.A. TAYLOR, JUDGE.

DISPOSITION: Affirmed.

CASE SUMMARY

PROCEDURAL POSTURE: Plaintiff, the father of a deceased child, sued defendants, the owners of a swimming pool, for the wrongful death of the child pursuant to Ark. Code Ann. § 16-62-102 (1987). The Jefferson County Circuit Court (Arkansas) granted summary judgment pursuant to Ark. R. Civ. P. 56(c) in favor of owners. The father appealed the judgment.

OVERVIEW: The owners invited several relatives to their house to make plans for a family reunion, including the deceased child and his mother. Several children asked to use the pool. The child drowned in the deep end of the pool while not wearing a life jacket. The appellate court held that the child was a social guest of the owners, and was thus considered a licensee. A landowner owed a licensee the duty to refrain from injuring him or her through willful or wanton conduct. The appellate court held that there was no evidence that the owners breached their duty of care to the deceased child. One of the owners took precautions to guarantee the safety of the children in the swimming pool, notwithstanding the fact that she was the only adult present who could swim. The owner distributed life jackets to the children and asked the deceased child's grandmother and mother about his swimming ability. The owner repeatedly insisted that the deceased child put the jacket back on after he had taken the jacket off, and instructed the children to stay on one side of the rope in the pool. The appellate court further held that a swimming pool was not a hidden danger.

OUTCOME: The judgment was affirmed.