concurring specially.
While otherwise concurring fully with the majority opinion, it is appropriate, if not our duty, to note that the last cited case, Kroger Co. v. Michaels, 183 Ga. App. 626 (359 SE2d 698) (1987), is only a physical precedent, because it was adopted by a two-to-one vote. Although it possibly possesses persuasive power, we cannot publicly proffer, or purport to place or present it, or hold it up in a position of binding precedent.