Johnson v. Kimberly Clark

Because the record is devoid of evidence of Kimberly Clark’s superior knowledge of the hazard presented by the freestanding poles, I respectfully dissent. This case deals with the first prong of Alterman Foods v. Ligon, 246 Ga. 620, 623 (272 SE2d 327) (1980), the owner’s superior knowledge, as discussed in Robinson v. Kroger Co., 268 Ga. 735, 736 (493 SE2d 403) (1997) and is therefore not affected by the changes in summary judgment evidentiary burdens made in Robinson, supra at 748, regarding the second prong of Alterman Foods.

In addition to the facts set out in the majority, the record…