Belcher v. James

Birdsong, Presiding Judge.

Appellants Belcher appeal the grant of summary judgment to defendants Ernest and Terri James, in this suit following the drowning of plaintiffs’ decedent, James Belcher, in the James’ swimming pool. The material facts are that when Mr. James came home from work, he found Mr. Belcher and three children swimming in his pool; he asked Mr. Belcher who was watching the children and Mr. Belcher, who was swimming in the deep end, replied that he was watching the children. James said, “I will be right back,” and went inside to change shoes. After James went inside, Mr.…