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.
Watch the argument here.