Andrew McConnell v. Carl Hogan
Andrew McConnell v. Carl Hogan
Opinion
¶ 1. Andrew McConnell sued for injuries sustained when he dove into the swimming pool at Carl Hogan's home. The Lowndes County Circuit Court granted summary judgment to Hogan, dismissing McConnell's lawsuit. McConnell appeals, claiming summary judgment was improper because a genuine issue of material fact exists as to Hogan's duty to warn of a dangerous condition. Finding no genuine issue of material fact, we affirm.
BACKGROUND
¶ 2. On June 15, 2013, McConnell visited Hogan's residence to swim in his pool. While Hogan was away on vacation, Hogan's caretaker, Dave Johnson, gave McConnell's mother-in-law, Laurie Livingston, permission to use Hogan's pool. Laurie invited several other family members to join her at the pool, including her fourteen-year-old son and stepson, Brian Tribble and Phillip Livingston, and her daughter, Amber McConnell. Amber invited her husband, McConnell, to join them.
¶ 3. Johnson opened the access-restrictive gates surrounding Hogan's property to allow Laurie's guests in. Laurie, Brian, and Phillip arrived an hour before Amber and McConnell. Brian and Phillip began swimming in the pool.
¶ 4. Hogan's pool is designed to resemble a lagoon. The pool has a deep portion in the middle, and two shallow sides on either end. A large rock protrudes from the water on one side of the pool, while another rock lays outside the pool's middle. When McConnell arrived at Hogan's residence, he went down to the pool. Brian showed McConnell the rock laying outside the middle of the pool, and then, dove off it, into the middle of the pool, while McConnell watched. Then McConnell headed toward that same rock. He quickly slid off his flip-flops and shirt; ran; and dove from the same rock, but toward a shallow end. The other guests, realizing McConnell was moments from diving into the shallow end, yelled to warn him. However, McConnell was already in the air, and it is unclear whether he heard them. McConnell, after diving, was injured. He suffered a cracked skull and broken neck/back. McConnell was able to exit the pool on his own, stating, "I'm a d-idiot." Thereafter, he went to the local emergency room in Columbus, Mississippi, and was transported to Jackson, Mississippi, for further evaluation.
¶ 5. McConnell filed suit on November 7, 2014, alleging he suffered injuries caused by Hogan's negligence. The circuit court granted summary judgment in favor of Hogan. McConnell has timely appealed to this Court.
DISCUSSION
¶ 6. The standard of review for summary judgment is de novo.
Hudson v. Courtesy Motors Inc.
,
¶ 7. The analysis of premises liability involves three steps.
Titus v. Williams
,
I. Status
¶ 8. An invitee enters "the premises of another in answer to the express or implied invitation of the owner or occupant for their mutual advantage."
Corley v. Evans
,
Little ex rel. Little v. Bell
,
¶ 9. Here, McConnell entered Hogan's property for his own pleasure, at the invitation of his wife. Hogan derived no benefit from McConnell's presence, nor was Hogan aware McConnell even visited his pool. McConnell therefore entered Hogan's property as a licensee.
II. Duty of Care
¶ 10. In general, a landowner owes a duty to a licensee to refrain from willfully or wantonly injuring him.
Cade v. Beard
,
III. Breach
¶ 11. Since McConnell entered Hogan's premises as a licensee, Hogan owed McConnell the duty to refrain from willfully or wantonly injuring him, and not to set traps for him by exposing him to hidden perils.
¶ 12. McConnell argues the unusual nature of Hogan's pool made its depth a hidden peril and asserts his injury could have been easily avoided through placement of "no diving" signs or depth markers. "[A]s [the Mississippi Supreme Court] has previously stated, the dangers of a swimming pool are obvious."
Handy v. Nejam
,
CONCLUSION
¶ 13. McConnell was a licensee of Hogan. A landowner owes a duty to licensees to refrain from willfully and wantonly injuring them, and to warn of hidden dangers and perils. Hogan was unaware of McConnell's presence on his premises and did not willfully or wantonly injure McConnell. Further, Hogan's pool did not contain a hidden peril because Hogan should have appreciated the risk of diving into an unfamiliar pool without making an inquiry as to its depth. The circuit court properly granted summary judgment in favor of Hogan.
¶ 14. AFFIRMED.
LEE, C.J., GRIFFIS, P.J., CARLTON, FAIR, WILSON AND TINDELL, JJ., CONCUR. IRVING, P.J., AND WESTBROOKS, J., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. BARNES, J., NOT PARTICIPATING.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.