Coast Catamaran Corp. v. Mann

I fully concur with the majority’s affirmance of the denial of summary judgment to appellee-cross appellant. I also concur in the holding of Division 1 that genuine issues of material fact remain with regard to appellee’s assumption of the risk. I must respectfully dissent, however, from the majority’s reversal of the denial of summary judgment to appellant.

Since we are dealing with appellant-defendant’s motion for summary judgment, all of the evidence must be construed most strongly in favor of appellee and against appellant. Ray v. Webster, 128 Ga. App. 217 (196 SE2d 175) (1973); H. G.…