Entergy Mississippi, Inc. v. Mary Bethanne Acey

COLEMAN, Justice,

specially concurring:

¶ 35. I concur with the majority. As I appreciate it, the question before the Court in the case sub judice is whether Entergy owed a legal duty of due care to the plaintiff, Mary Bethanne Acey. I agree with the majority that, upon application of the Entex factors, Entergy did not and that the case should be reversed. I write separately for two purposes. First, I think it worth the time to emphasize that the question of whether a legal duty of due care exists is one of law and not fact. That it presents a question of law matters in the summary judgment…