Perton v. Motel Properties, Inc.

Although I agree that summary judgment was not warranted in this case, I write separately to address paragraph (a) of the majority opinion because the issue of strict liability is not properly before this Court since the Pertons’ response to Motel Properties’ memorandum of law withdrew this cause of action from their complaint: “2. Strict Liability — Count III. Plaintiff withdraws this Count as a cause of action.” Therefore, the trial court was without authority to rule on the validity of strict liability as a cause of action in this case, and review of the trial court’s order shows that it…