Legal Opinion · Dissent

Metromedia Steakhouses Co., LP v. Ray

Court of Appeals of Georgia

Decided December 5, 1995No. A95A1771Published

1DissentAndrews, Judge

I respectfully dissent because the alleged hazard was a longstanding, patently open and obvious condition which could have been dis*719covered through the exercise of ordinary care. Sullivan v. Quisc, Inc., 207 Ga. App. 114, 115 (427 SE2d 86) (1993). Theoretically, the sole basis for imposing liability on Metromedia would be its superior knowledge of the allegedly hazardous condition. Shansab v. Homart Dev. Co., 205 Ga. App. 448, 450 (422 SE2d 305) (1992). However, Ray was under an equal duty to use his sight to discover any defects or dangers. Rose v. Kennesaw House, 203 Ga. App. 648, 649 (417…

2Cases cited9 opinions

  1. Barentine v. THE KROGER COMPANYSupreme Court of Georgia · 1994
  2. Shansab v. HOMART DEVELOPMENT CO. INC.Court of Appeals of Georgia · 1992
  3. Sullivan v. Quisc, Inc.Court of Appeals of Georgia · 1993
  4. Froman v. SmithCourt of Appeals of Georgia · 1990
  5. Bowman v. RichardsonCourt of Appeals of Georgia · 1985

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