Painter v. Continental Insurance

I am compelled to specially concur because I cannot go along with the majority holding that the case sub judice is not ripe for reconsidering that part of Bone v. State Farm Mut. Ins., 215 Ga. App. 782 (452 SE2d 523), which holds that the OCGA § 33-7-11 (b) (2) corroboration requirement applies to proof of actual physical contact. Because such reasoning was the basis of the trial court’s summary judgment order in the case sub judice, I believe this Court is authorized and obliged to resolve any confusion spawned by the decision in Bone.

The trial court points out in its summary judgment order…