Carpenter v. Kenneth Thompson Builder, Inc.

' CARLTON, J.,

dissenting:

¶ 55. I respectfully dissent from the majority’s opinion. Rather than reversing and remanding for further proceedings, I would instead affirm the circuit court’s judgment.

¶ 56. In turning to briefly review the pertinent facts, the record reflects that Carpenter sustained injuries as a result of falling on the pavement in front of the Jackson County Welcome Center. On June 26, 2008, Carpenter filed her lawsuit styled Jeanette Carpenter v. MDOT and John Does 1-5, Cause No. 2008-00140(2) (“Carpenter I”), in the Jackson County Circuit Court, alleging that she had…