Malin v. Jaggers

Quillian, Judge.

"Issues of negligence, including the related issues of assumption of risk, lack of ordinary care for one’s own safety, lack of ordinary care in avoiding the consequences of another’s negligence and comparative negligence, are ordinarily not susceptible of summary adjudication whether for or against the plaintiff or the defendant, but must be resolved by a trial in the ordinary manner.” Wakefield v. A. R. Winter Co., 121 Ga. App. 259 (174 SE2d 178).

Furthermore, "While opinion evidence adduced by the respondent is sufficient to preclude the grant of a summary judgment ... it…