Diane DOWNS Ex Rel. Ryan Cody DOWNS v. Mark BUSH Et Al.

OPINION

in which CORNELIA A. CLARK and GARY R. WADE, JJ., and FRANK F. DROWOTA, III, SP.J., joined. JANICE M. HOLDER, J., concurring and dissenting.

We granted the plaintiffs application for permission to appeal in this wrongful death case to determine whether the trial court properly granted summary judgment to each of the defendants. The Court of Appeals affirmed the grant of summary judgment. Although the parties have raised several issues in this appeal, the central issue is the nature of the legal duty, if any, owed by the defendants to the plaintiffs decedent. The decedent was socializing…