Mozier v. Parsons

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

These are wrongful death and survival actions in which plaintiffs seek recovery for the injury and death of three-and-one-half-year old Emily Mozier, who drowned in defendants’ swimming pool. These consolidated eases are before the court on defendants’ motion for summary judgment (Doc. 48). For the reasons set forth below, the motion is denied.

I. Relevant Facts

Plaintiffs John 0. Mozier, Jr. and Nancy G. Mozier are the parents of the decedent, Emily Mozier. They are Missouri citizens, as was Emily at the time of her death. Nancy G. Mozier is the…