Carreker v. Harper

I dissent as to Division 1, but concur fully in Divisions 2 and 3.

Ordinarily, “questions of negligence, diligence, contributory negligence, proximate cause, and the exercise of ordinary care for one’s protection, ... are to be decided by a jury.” (Citation and punctuation omitted.) Tisdale v. Johnson, 177 Ga. App. 487, 488 (339 SE2d 764) (1986). However, in this case I agree with plaintiff that the charges on contributory and comparative negligence were not authorized.

Firstly, I do not believe that plaintiff’s alleged failure to disclose certain information about her condition constituted…