¶1dissents, and assigns reasons.
¶21 iThe innocent of the state, beware of the minefield known as “open and obvious.” In my opinion, the trial court and majority have improperly weighed evidence and made credibility determinations on a motion for summary judgment. After a review, of the record, and based .upon direct and circumstantial evidence introduced, there are material issues of fact outstanding that preclude the granting of a summary judgment. I would reverse the trial court.