Rude v. Winn Dixie Stores

In my opinion, a genuine issue of material fact remains as to the creation and maintenance by appellee-defendants of an optical illusion from which appellant-plaintiff’s attention had been distracted. See Shackelford v. DeKalb Farmer’s Market, 180 Ga. App. 348 (349 SE2d 241) (1986). Accordingly, I must respectfully dissent to the majority’s affirmance of the grant of appellees’ motions for summary judgment.

Construing the evidence most favorably for appellant, the facts are as follows: Appellees maintained in the parking lot of their store a shopping cart storage area. The boundary of this…