Hilsman v. Kroger Co.

I concur specially to note that the majority here, as have I in earlier opinions, cites as authority in an appeal from a grant of summary judgment a case that procedurally involves an appeal from the direction of a verdict. While the principles of law for which such a case is cited are often equally applicable in all slip and fall cases regardless of the procedural status of the case, the burden of proof on the parties differs according to that procedural status. Reference to authorities such as Mitchell v. Food Giant, 176 Ga. App. 705 (337 SE2d 353) (1985), cited in this case and in Newman…