Freyer v. Silver

I respectfully dissent because I believe that the catch basin into which Silver fell was a static open and obvious condition of which the owner had no duty to warn her.

This case deals with the first prong of Alterman Foods v. Ligon, 246 Ga. 620, 623 (272 SE2d 327) (1980), the owner’s duty to exercise ordinary care to protect the invitee from unreasonable risks of harm of which the owner has superior knowledge, as discussed in Robinson v. Kroger Co., 268 Ga. 735, 736-740 (493 SE2d 403) (1997), and is therefore not affected by the changes in summary judgment evidentiary burdens made in…