Wiley v. Sanders

Vernon Sanders (defendant) built a saucer-shaped pond near his home. The pond had sloping edges, was approximately eight feet deep in the middle, and was shallower near the shoreline. It was filled with rainwater and included a movable, floating dock with a diving board. There were no signs indicating the pond’s depth or warnings. At night, part of the pond was lit by a light from the home’s front yard; no other artificial lighting existed. One weekend, while Sanders and his wife were away, their 18-year-old son Samuel hosted a social gathering without their knowledge. About 20 to 30 people attended, including 19-year-old Robert Wiley. Witnesses indicated that Wiley consumed some beer that evening. Samuel admitted drinking beer but denied serving alcohol to others. Natural lighting allowed attendees to see people in the pond. The six-foot Wiley was seen entering and moving comfortably in the pond. Around midnight, Wiley was seen near the floating dock and did not appear to be in any distress. Shortly after, a friend noticed Wiley was missing. Partygoers searched the pond and surrounding land. Unable to locate Wiley, they called the police, who also searched. Wiley’s body was found the next morning in the pond in approximately four feet of water. Wiley had drowned. Wiley’s mother, Claymon Wiley (plaintiff), sued Sanders and his insurance company for wrongful death, alleging strict liability and negligence. The trial court granted a directed verdict to Sanders and his insurer, dismissing the claims. By then, Wiley’s mother had died, and Wiley’s sister continued the lawsuit on behalf of her mother’s estate. Wiley’s sister appealed to the Louisiana Court of Appeals.