Oral arg. – COA – 5/14/2019

At 1:30, the COA will hear the case of  Kenneth Bailey and Elizabeth Lee Shutze, as Wrongful Death Beneficiaries of Bertha Elizabeth Bailey, Deceased v. City of Pearl, Mississippi.

In September of 2017, Kenneth  and  Bertha were leaving their  grandson’s baseball game at the Pearl youthpark when a swinging gate  “speared” the cab of their vehicle. Both were injured but Bertha severely so – her skull was fractured.  She died 11 days later.  They sued the City of Pearl. The trial court granted summary judgment finding that the operation of a public park falls under discretionary function immunity.

Bailey brief

City of Pearl brief

Bailey reply brief

Watch the argument here.

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