The Party
For years, Kennon and Betty Peterson
threw a party at their house in Picayune, Mississippi,
on New Year's Eve. But that tradition would end in
tragedy. Before the bash one year, Kennon bought a large
supply of firecrackers, bottle rockets, Roman candles
and aerial sparklers from nearby Joey's Fireworks. The
Petersons also asked their guests to supply extra
fireworks for the night's finale.
Among the neighbors invited was Mary
McMillen, who lived across the street. She brought along
her seven-year-old grandson, Brandon Keith, who was
visiting from New Orleans.
By the time everyone had arrived, the Petersons'
traditional bonfire was beginning to blaze in the front
yard. Later that evening, the younger kids waved
sparklers. But the highlight of the bash came when
everybody, children included, set off the fireworks. The
fun lasted until shortly after midnight, when the party
came to a close.
The next morning, trash covered the Petersons' yard. The
revelers had also dropped unused and spent fireworks all
over the property. Betty's sister, Mae Langston, helped
Kennon get rid of the mess, throwing trash -- and some
fireworks that had never been lit -- into the still
smoldering bonfire. Luckily, none of them ignited.
In the meantime, two of the Petersons' sons, ages eight
and seven, played in the yard while Betty took care of
their one-year-old son inside the house.
Brandon Keith, who had stayed overnight at his
grandmother's, asked her if he could go to the
Petersons' house. She said he could, so, said Brandon,
he asked Betty if it was okay for him to play in her
yard. Brandon said that when he got her permission, he
joined the Peterson boys in their game of hide-and-seek.
They Heard a
Scream
Betty Peterson
testified that she didn't know
Brandon was playing in the yard.
Kennon knew that his sons were
in the yard, but he didn't keep
track of where they were. He
also didn't know that Brandon
had joined his sons.
When it was his turn to hide,
Brandon ran to the far side of
the thick hedgerow that lined
the Petersons' driveway. Moments
later, Kennon happened to see
Mae fooling around with the
unused bottle rockets. She
picked one up, lit it and tossed
it high in the air. The rocket
flew up and across the driveway,
falling behind the bushes where
Brandon was hiding.
Within seconds, the adults heard
a child scream, and they looked
around in confusion. Nobody
realized that one of the
children had been hiding behind
the shrubbery. The bottle rocket
had hit Brandon in his right
eye.
Betty rushed Brandon and his
grandmother to a hospital in
Picayune, where they were unable
to get help. After picking up
Brandon's mother, Michelle, they
then drove to Children's
Hospital in New Orleans, where
an eye doctor referred them to
nearby Charity Hospital. Doctors
there finally operated on the
boy. But it was too late.
Brandon lost sight in the eye
permanently.
Michelle Keith took the
Petersons to court, arguing that
the party throwers should have
been more cautious with the
dangerous fireworks on their
property. She claimed the
Petersons should have known that
children and fireworks don't
mix. Betty Peterson was aware
that Brandon was in the yard;
after all, the little boy said
he'd asked her permission to
play there. She also knew that
fireworks were scattered around
the property and that the other
adults were looking for them.
This volatile combination should
have put the couple on notice
that an accident could happen,
Michelle Keith claimed, and that
the children should have been
kept a safe distance from any
unexploded fireworks. She also
said the Petersons willfully
engaged in dangerous behavior by
throwing ignitable fireworks on
the smoldering fire, and by
failing to warn Mae Langston to
safely dispose of any fireworks
she found in the yard. Brandon
did nothing other than take part
in a game of hide-and-seek, but
because of the Petersons'
negligence, he lost half his
sight forever.
The Petersons argued that
Brandon's injury was a tragic
but unforeseeable accident.
Neither Kennon nor Betty had any
idea that Mae Langston would set
off a rocket. They also didn't
know where Brandon was hiding --
nor did Mae, for that matter.
They argued they had exercised
due care by having adults, not
the children, search for the
fireworks.
You be the
judge! Should the
Peterson's be held liable for
the injury to the child?
Click on
this link to send an e-mail with
your decision in Case 1..Yes or
No......and why......to....
arky2marks@wildblue.net
This is
where you will click to see the
verdict in
Case 1 after all
decisions have been received!
Return
to...You
Be the Judge!
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