Country Club Apartments, Inc. v. Scott

I concur in the dissent authored by Judge Quillian. While I agree that generally the law as set forth in the cases cited by Judge Smith, to wit: Ross v. Jackson, 123 Ga. 657 (51 SE 578); Wilson v. Elijah A. Brown Co., 62 Ga. App. 898 (10 SE2d 219); Robinson v. Odom, 35 Ga. App. 262 (133 SE 53) is correct, however, in none of these cases was there an exculpatory provision as in the instant case, and therefore are inapposite.

Furthermore, a similar provision absolving the landlord due to his sole but simple negligence has been held not to contravene public policy. Jaffe v. Davis, 134 Ga. App.…