Baker v. HARCON, INC.

JOHNSON, Presiding Judge,

concurring specially.

I agree with the majority in this case on all points except that portion of the opinion which disapproves or overrules Englehart v. OKI America, 209 Ga. App. 151 (433 SE2d 331) (1993). I do not believe that the language in that case is overly broad. We did not hold in that case that every construction worker who takes a step on a job site without first looking is automatically negligent or has by that act alone necessarily assumed the risk. Therefore, I specially concur.

I am authorized to state that Presiding Judge Blackburn, Presiding Judge Smith and Judge Mikell join in this special concurrence.