Johnson v. Mid-South Sports, Inc.

I dissent from the majority’s assessment that there is no substantial controversy concerning the material facts in the instant cause. It remains the duty of the jury, not this tribunal, to determine whether the fol*1110lowing material questions of fact could result in a finding that the promoter acted without due care 1 and negligently by:

1) failing to provide handicapped seating to a patron who requested the special seating and who was obviously physically impaired — carrying excessive weight, walking with a cane and having an amputated arm;

2) seating a physically handicapped patron in a…