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Keith v. Peterson6/28/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED: 06/28/2005
BEFORE KING, C.J., IRVING AND GRIFFIS, JJ.
. Brandon Keith sustained an eye injury after being struck by a bottle rocket. Brandon was playing with his friends in Kennon and Betty Petersons' yard at the time of the accident. Brandon's mother, Michelle Keith ("Keith"), sued the Petersons to recover monetary damages for Brandon's injuries. At trial, the court granted the Petersons' motion for summary judgment. Keith now appeals.
FACTS
. Kennon and Betty Peterson held a New Year's celebration at their home on December 31, 1998. The Petersons' guests brought their own fireworks to the party. Once the party concluded, some unused fireworks remained on the ground. On the following day, January 1, 1999, Mae Langston and Debbie McCants helped the Petersons clean up the remaining fireworks in the Petersons' yard. The Petersons' children played outside while the adults cleaned up the yard.
. Brandon also attended the Petersons' New Year's Eve party. He stayed overnight with his grandmother, who lived across the street from the Petersons. The following morning, his grandmother gave him permission to go play with his friends at the Petersons' home. Brandon then asked and received permission to play from Betty Peterson who was inside the house when he arrived. He then began to play "hide and seek" with his friends.
. The children played in the yard while the adults continued to clean. Brandon played and hid on the opposite side of the bushes adjacent to the Peterson's driveway. Brandon saw two adults, Langston and McCants, while he hid behind the bushes but testified that he did not know them. At this time, Kennon Peterson, the home owner, was riding his bicycle towards his home. Peterson testified that he did not know that Brandon was on the property at this time. Peterson saw Langston pick up and ignite the rocket and throw it into the air. The rocket sailed across the driveway into the bushes where Brandon was hiding and struck him in the eye. Brandon suffered a permanent loss of vision in his right eye from this incident.
. It is undisputed that Langston detonated the bottle rocket which struck Brandon in the eye. Brandon also testified that he had "no information" that Langston knew that he was hiding in the bushes when she detonated the bottle rocket.
. This case commenced on December 28, 2001. After a period of discovery, the Petersons filed a motion for summary judgment. A hearing was held in the matter on April 5, 2004. A default judgment was entered against Langston. After a hearing on damages on April 23, 2004, Keith was granted a judgment of $350,000 against Langston. On April 19, 2004, the trial court granted summary judgment in favor of the Petersons and dismissed the case according to Mississippi Rules of Civil Procedure 54(b).
Keith appeals from the final judgment entered on April 19, 2004, granting summary judgment to the Petersons.
STANDARD OF REVIEW
. This Court employs a de novo standard of review of a lower court's grant of summary judgment and examines all the evidentiary matters before it. McMillan v. Rodriguez, 823 So. 2d 1173, 1176-77 ( ) (Miss. 2002). The evidence must be viewed in the light most favorable to the party against whom the motion has been made. Id. at 1177 ( ). If, in this view, there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law, summary judgment should be entered in his or her favor. Id.
ANALYSIS
I. Whether Jury Issues Existed Regarding the Appropriate Cla
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