JohnTate Campbell v. Harrison County Board of Supervisors

LEE, C.J., DISSENTING:

¶ 27. I respectfully dissent. The circuit court incorrectly granted summary judgment to Harrison County on all of Campbell's claims based on its determination that the culvert into which Campbell fell was open and obvious to one exercising due care. The majority likewise finds that this is one of the rare "clearest of cases" where the open-and-obvious nature of a condition may be decided on summary judgment. The majority concludes that the culvert was open and obvious as a matter of law from the size of the culvert alone, barring Campbell's failure-to-warn claim under…