McCullough v. BRIARCLIFF SUMMIT, LP II

I concur in the judgment of the majority opinion, but not in its statement of the record or its analysis of the legal issues.

In the early part of October 1995, severe storms associated with hurricane Opal knocked out power in parts of Atlanta, including the area where the Briarcliff Summit apartments (Summit) were *633located. Although McCullough rented an apartment as a residence at Summit, on October 2 and 3 he stayed at his wife’s residence, which was located in an area of Atlanta which had power. McCullough returned to his apartment on the night of October 4, even though the area in which…