Deliah Colyer v. First United Methodist Church of New Albany

CARLTON, J.,

specially concurring:

¶ 22. I specially concur with the majority’s opinion in this case, and I write specially to address the material questions of fact raised herein. With respect to the negligence claims raised, the question as to whether a duty to warn arose from the relationship between the parties constitutes a question of law. See Pritchard v. Von Houten, 960 So.2d 568, 579 (¶ 27) (Miss.Ct.App.2007). Questions of law are reviewed de novo. Id. at 576 (¶ 20). However, the questions as to causation and foreseeability include material questions of fact.

¶ 23. In this case, a duty…