Pinckney v. Covington Athletic Club & Fitness Center

Because I believe material issues of fact remain as to Covington’s liability, I must respectfully dissent. “ ‘[Rjoutine’ issues of premises liability, i.e., the negligence of the defendant and the plaintiff, and the plaintiff’s lack of ordinary care for personal safety are generally not susceptible of summary adjudication, and ... summary judgment is granted only when the evidence is plain, palpable, and undisputed.” Robinson v. Kroger Co., 268 Ga. 735, 749 (2) (b) (493 SE2d 403) (1997). This principle was recently reaffirmed by our Supreme Court in Dickerson v. Guest Svcs. Co. of Virginia,…