K-Mart Corp. v. Spruell

Carley, Judge,

concurring specially.

I am constrained to agree with the majority that, under the facts of this case as shown by the record on appeal, Alterman Foods v. Ligon, 246 Ga. 620 (272 SE2d 327) (1980) mandates the entitlement of defendant to summary judgment. However, I do note that recently, the Supreme Court has more fully explained its holding in Ligón so as *888to preclude judgment in favor of a defendant as a matter of law where there is “some evidence of negligent application of materials used in treating the floor.” Martin v. Sears, Roebuck & Co., 253 Ga. 337, 338 (320 SE2d 174) (1984). However in Martin, “the petitioner testified that she was familiar, based on forty years’ experience, with proper methods of waxing and polishing floors, and offered her opinion that her fall was due to an excessive application of wax which she was able to feel as she walked across the floor.” Martin v. Sears, Roebuck & Co., supra, 338. Even under Martin, the testimony of Ms. Spruell in this case that the “spot” might have been “unpolished wax” is not sufficient to meet the test of Alterman as applied by the Supreme Court in Martin.