The Mississippi Supreme Court recently reversed a lower court decision, sending Borries Construction Company’s negligence claim against Grand Casino in Biloxi back to Circuit Court for a jury trial. One of Grand Casino’s two barges slammed into the Biloxi Schooner Pier that Borries was building when Hurricane Katrina hit in August 2005.
Owner Kenny Borries’ insurance did not cover third-party damage and Grand Casino would not reimburse Borries. As a result, he filed a $1.5 million against the casino, including demolition and cleanup costs, pier construction investment and business Borries lost because he could not take on other work while rebuilding the pier. Grand Casino claimed its gambling barge was properly moored and Hurricane Katrina was unavoidable and an act of God.
Testifying before Circuit Judge Larry Bourgeois, Borries’ experts claimed the casino’s mooring system was designed to hold up to a 15-foot storm—not higher historical surges. They said if the mooring system had been designed to withstand the surge from Hurricane Camille in 1969, the Grand Casino’s two barges would not have been dislodged. Grand Casino’s experts testified the casino’s mooring systems could withstand surges of at least 15 feet, in compliance with height regulations set by the Mississippi Gaming Commission.
Bourgeois ruled Grand Casino did meet the height regulations set by the Gaming Commission. He noted the storm surge height of Camille at the casino was not established and the standard for mooring requirements would not be set by a one-time surge. He declared no questions of fact were at issue and the case did not need to be heard by a jury.
Borries appealed Bourgeois’ decision, which brought in the state Supreme Court. The justices disagreed with Bourgeois’ ruling, calling the case “a battle of the experts” that would indeed require a jury trial.
In January, Bourgeois dismissed a similar lawsuit, again without a jury trial. The case was filed by a Biloxi homeowner who claimed her home was destroyed by one of Grand Casino’s barges. Grand Casino and State Farm Fire and Casualty Company won on appeal.
