Jimmy Ray Warner, Iii, a Minor, by and Through His Mother and Next Friend, Mrs. June Ruiz Wortmann, Cross v. The City of Bay St. Louis, Cross

In this diversity negligence action, the City of Bay St. Louis, Mississippi, appeals from the district court’s judgment finding the city liable to James Ray Warner, III, for $375,000. The city contends both that the court erred in imposing liability upon it and that the award is excessive. The plaintiff cross-appeals the court’s determination that his behavior constituted contributory negligence 50 percent responsible for his injuries. This finding caused the court to reduce the plaintiff’s award from $750,000 to $375,000. Because we find all these contentions to be without merit, we affirm…