Oral arg. – COA – Nov. 19, 2015

At 1:00 (I originally wrote 1:30) the COA will hear the case of Deliah Colyer v. First United Church of New Albany 

This is a wrongful death suit involving the drowning death of 17 year old Marshuan Braxton.  In June 2009 Braxton was on a mission trip to Costa Rica to construct a church. Braxton was the biological son of Deliah Colyer but lived with his grandmother who had been given custody.  The grandmother signed a release prior to Braxton going on the trip. Once in Costa Rica, while traveling to the work site, the group stopped at a scenic beach.  While Braxton and two others were near a large rock formation, a large wave crashed  into them and knocked them into the ocean.  Two of them managed to swim ashore but Braxton drowned.

The Church moved for summary judgment arguing that it was not aware of the danger and the Braxton’s custodian  had signed releases.   The trial court granted the motion and Colyer appealed.

Colyer’s brief

First United Church’s brief

Colyer’s rebuttal brief

Watch the case here

CORRECTION – this case started at 1:00.  I missed the first 30 minutes myself.  Sorry about the mistake.

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