Hawkins v. Richardson-Merrell, Inc.

As to the affirmance of the grant of summary judgment in this negligence case where plaintiffs did not base their claims upon strict liability but solely on negligence, I fully concur.

However, I cannot agree to the reasoning of the majority in Division 2 with reference to the law as to pre-trial orders. There has been no trial in this case and the pre-trial order does not in any way control. However, in this instance there has been no pre-trial order but *485merely a reference to the trial court specifically ruling that the complaint lay only in negligence. Both Milton Inn, Inc. v. Spiva, 138 Ga.…