Weatherby v. Honda Motor Co.

I concur in the affirmance of summary judgment but not in all that is written in reaching that resolution. I also dissent from the overruling of Ogletree v. Navistar Intl. &c. Corp., 194 Ga. App. 41 (390 SE2d 61) (1989), cert. den. March 13, 1990, and do not fully agree with the majority’s analysis of Ogletree.

Ogletree was correct in its two-fold analysis. It focused first on the injured party, as the law provides that if the “defect” and danger arising therefrom were open and obvious to him, then the parties representing his position would be precluded from recovery. There were questions of…