K.R. Borries v. Grand Casino of Mississippi, Inc. Biloxi

187 So. 3d 1042 (2016)

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K.R. Borries v. Grand Casino of Mississippi, Inc. Biloxi

Mississippi Supreme Court
187 So. 3d 1042 (2016)

Facts

Grand Casino of Mississippi, Inc. Biloxi (Grand Casino) (defendant) operated the Grand Casino, a floating barge casino on Mississippi’s Gulf Coast. The Grand Casino was licensed by the Mississippi Gaming Commission (the commission). In accordance with the commission’s hurricane-preparedness policy, the Grand Casino was moored to withstand category 4 hurricanes with 15-foot storm surges. In 1999, Grand Casino moored a barge called the Lady Luck to the Grand Casino. In August 2005, during Hurricane Katrina, the Grand Casino and Lady Luck broke from their moorings. One of the barges allegedly hit a neighboring pier and damaged structures being constructed by K.R. Borries, doing business as Borries Construction (collectively, Borries) (plaintiff). Borries brought a negligence action against Grand Casino to recover for the property damage. Grand Casino moved for summary judgment, arguing that Grand Casino owed no duty because Hurricane Katrina was an unforeseeable act of God. Grand Casino also presented expert testimony that the Grand Casino had complied with the commission’s mooring requirements and could withstand at least a 15-foot storm surge, but storm surges during Hurricane Katrina were over 20 feet. Borries presented testimony from two experts who opined that the Grand Casino’s mooring system was inadequate. The experts asserted that the mooring system should have been based on the 21-foot to 30-foot storm surges that had occurred on the Gulf Coast during Hurricane Camille in 1969. The trial court granted summary judgment for Grand Casino, concluding that there was no genuine issue of material fact regarding whether Grand Casino had breached a duty to take reasonable precautions to protect property owners in close proximity to the barges. The court found that the commission had set the mooring requirements at 15 feet even with knowledge of Hurricane Camille’s storm surge and that Grand Casino had complied with the commission’s requirements. The court also concluded that imposing liability on Grand Casino was inappropriate because Hurricane Katrina was an act of God. Borries appealed.

Rule of Law

Issue

Holding and Reasoning (Beam, J.)

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