Chamblee Ryan Partner Reagan Boyce and Senior Associate Kathryn Shilling obtained summary judgment in child drowning case, in the Kaufman County District Court finding that plaintiff could neither establish a duty owed to guests at a residential community pool, nor negligence per se. Summary judgment was granted and taxable costs awarded against the Plaintiff.
Plaintiff, the father of a three year old child brought suit against the local home owners association, and other defendants alleging negligence, gross negligence and negligence per se alleging that the home owners association owed the Plaintiff and his family a duty to protect their child. While the plaintiff’s claims against the homeowners association sounded in premises liability not ordinary negligence, plaintiff failed to allege such a cause of action. Summary judgment was sought on both causes of action, and the Court found neither a duty owed to the plaintiffs under a negligence theory, nor a dangerous condition that the homeowners association had a duty to warn or protect the Plaintiff from harm under a premises liability theory.
Attorneys: Reagan E. Boyce; Kathryn Shilling