Legal Opinion · Dissent

Johnson v. All American Quality Foods, Inc.

Court of Appeals of Georgia

Decided March 10, 2017No. A16A1724Published

1DissentAndrews, Judge

I dissent because I believe the trial court correctly found as a matter of law that the appellee carried out a reasonable inspection procedure and had neither actual nor constructive knowledge of the hazard.

1. To demonstrate its lack of constructive knowledge of the hazard in this case, the appellee relied upon a report generated by an electronic inspection monitoring system the store utilized. The appellant contends the report was inadmissible hearsay on the ground the appellee failed to properly authenticate it as a business record.

Under OCGA § 24-8-803 (6), a document shall not be excluded…

2Cases cited5 opinions

  1. Food Lion, LLC v. WalkerCourt of Appeals of Georgia · 2008
  2. Burnett v. Ingles Markets, Inc.Court of Appeals of Georgia · 1999
  3. Hopkins v. Kmart Corp.Court of Appeals of Georgia · 1998
  4. Loyal v. StateCourt of Appeals of Georgia · 2009
  5. Hamilton v. StateCourt of Appeals of Georgia · 2009

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