Alterman Foods, Inc. v. Munford

Carley, Judge,

dissenting.

It appears to have become all too easy for this court to resolve slip and fall cases in the summary judgment posture on appeal by issuing a litany to the effect that it is most difficult for a plaintiff to avoid summary judgment. It is indeed difficult, but it is not impossible. In this case the plaintiff had constructive but not actual knowledge of the specific water puddle on which she slipped. There was evidence indicating that the defendant had actual knowledge of the water at the entrance and had instructed an employee to mop it up. However, in support of the motion for summary judgment the defendant did not produce any direct evidence that there was compliance with those instructions. This case, in my opinion, is controlled by Weight Watchers of Greater Atlanta v. Welborn, 165 Ga. App. 290 (299 SE2d 760) (1983). See also Telligman v. Monumental Properties, 161 Ga. App. 13 (288 SE2d 846) (1982). I believe that the trial court correctly denied summary judgment, I would affirm the trial court, and, therefore, I dissent.

I am authorized to state that Presiding Judge McMurray and Judge Benham join in this dissent.