Thomas Fuller v. William McCormick

I respectfully dissent because this is not a case where the defense of assumption of the risk is susceptible of summary adjudication. And Thomas Fuller’s alternate arguments for summary judgment lack merit. So I would affirm the trial court’s denial of the defendants’ motions for summary judgment.

1. Assumption of the risk.

An assumption of risk defense

is not ordinarily susceptible of summary adjudication, and summary judgment is appropriate only where the evidence is plain, palpable, and indisputable. In Georgia, a defendant asserting an assumption of the risk defense must establish that the…