concurring specially.
I concur in the majority’s opinion that the trial court properly granted summary judgment to the YMCA. I write separately to clarify the burden of proof necessary for a defendant to prevail at summary judgment in a slip-and-fall case.
1. The burden of proof set forth in Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991), and cited in the majority’s opinion is no longer applicable to summary judgment in a slip-and-fall case since the Supreme Court’s decision in Robinson v. Kroger Co., 268 Ga. *201735 (493 SE2d 403) (1997). Under Robinson the evidentiary burdens were re-established “to where they were at the time Alterman Foods was decided,” some 11 years prior to Lau’s Corp. Robinson v. Kroger Co., supra at 748.
“[0]n motion for summary judgment, regardless of which party would have the burden of proof at trial, if a material fact has been alleged in the complaint, can be reasonably drawn from the pleadings, or has been raised by the evidence placed in the record by any party, the defendant-movant has the burden of proving the nonexistence of that fact and it is not until the movant carries its own burden that the burden then shifts to the plaintiff-respondent.” (Citations and punctuation omitted.) Robinson v. Kroger Co., supra at 747 (quotingHilsman v. Kroger Co., 187 Ga. App. 570, 572 (370 SE2d 755) (1988)). A defendant-movant can no longer discharge its burden by “pointing out by reference to the . . . record that there is an absence of evidence to support the non-moving party’s case.” Lau’s Corp. v. Haskins, supra at 491.
As stated in Robinson, “[a] slip-and-fall plaintiff need not necessarily produce evidence which disproves the plaintiff’s negligence to withstand a motion for summary judgment — the burden of coming forward with such evidence arises only after it has been established or assumed the defendant had actual or constructive knowledge of the hazard, and the defendant presents evidence that the plaintiff’s injuries were proximately caused either by the plaintiff’s voluntary negligence, i.e., plaintiff’s intentional and unreasonable exposure of self to a hazard of which plaintiff has knowledge, or by the plaintiff’s casual negligence, i.e., the plaintiff’s failure to exercise ordinary care for personal safety. In this way, the defendant has the evidentiary burden as to the issue of the plaintiff’s negligence after it has been established or assumed for purposes of a motion for summary judgment that the defendant was negligent, i.e., that the defendant had actual or constructive knowledge of the existence of a hazard on its premises. Only after the defendant has produced evidence of the plaintiff’s negligence does the plaintiff have the burden of producing rebuttal evidence.” (Emphasis supplied.) Robinson v. Kroger Co., supra at 747-748.
2. Denham alleged in her complaint that the YMCA had actual or constructive knowledge of the dangerous condition of its jacuzzi. On summary judgment, the YMCA established evidence that Denham “intentionally and unreasonably exposed self to a hazard of which the plaintiff knew or, in the exercise of ordinary care, should have known[,]” i.e., that Denham intentionally descended the steps of the jacuzzi, she knew the steps were wet and slippery, she could not see the steps or their edges under the swirling water, and she was unaware of the handrail that was present.
*202Decided March 13, 1998. Whitehurst, Cohen & Blackburn, Catherine M. Williams, Ronald B. Warren, for appellant. Watson, Spence, Lowe & Chambless, Mark A. Gonnerman, Russell S. Kent, for appellee.Denham now had the burden to come forward and present some affirmative evidence which creates a jury issue on the essential element of the YMCA’s affirmative defense. Robinson v. Kroger Co., supra at 748; Barentine v. Kroger Co., 264 Ga. 224, 225 (443 SE2d 485) (1994). Denham failed to do so. Therefore, the grant of summary judgment to YMCA was proper. Even under the standards set forth in Robinson, summary judgment is appropriate in cases, such as this, where “the evidence is plain, palpable, and undisputed.” Robinson v. Kroger Co., supra at 748.