Flournoy v. Hosp. Auth. of Houston County

Smith, Judge,

concurring specially.

I concur fully in the majority opinion authored by Judge Blackburn. Although I was the author of Manley v. Gwinnett Place Assoc., 216 Ga. App. 379 (454 SE2d 577) (1995), I agree with the final paragraph of the majority acknowledging that Robinson v. Kroger Co., 268 Ga. 735 (493 SE2d 403) (1997) clearly changed the analysis that must be applied in cases such as this one and Manley. Except in unusual circumstances, these cases, like the vast majority of other slip-fall cases, are now for jury determination.

I am authorized to state that Presiding Judge Birdsong joins in this special concurrence.