Legal Opinion · Dissent
Val D'Aosta Co. v. Cross
Court of Appeals of Georgia
Decided December 3, 1999No. A99A1033Published
1DissentAndrews, Presiding Judge
Because the majority has based its decision on a theory which was not argued below and is not supported by binding legal authority in this State, I must dissent.
The complaint alleged negligence only in that “[t]his ramp did not run flush with the level ground, and as such, was negligently con*586structed and maintained” and that this negligence caused Cross’ wheelchair to turn over while she was accessing the ramp. There is no reference in the complaint to the Americans With Disabilities Act or OCGA Chapter 3, Title 30, Access To & Use of Public Facilities by Persons With Disabilities Act.
In…
2Cases cited16 opinions
- Paul N. Smith and Bernice Smith v. Wal-Mart Stores, Inc.Court of Appeals for the Sixth Circuit · 1999
- Graves v. StateSupreme Court of Georgia · 1998
- Hannah v. Hampton Auto Parts, Inc.Court of Appeals of Georgia · 1998
- Hallberg v. Flat Creek Animal Clinic, P. C.Court of Appeals of Georgia · 1997
- Parks-Nietzold v. J. C. Penney, Inc.Court of Appeals of Georgia · 1997
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