Department of Human Resources v. Thomas

I respectfully dissent as to Division 1. In affirming the trial court’s denial of a directed verdict in favor of the Department, the majority essentially abrogates the law of premises liability developed over the course of many years by Alterman Foods v. Ligon, 246 Ga. 620, 623 (272 SE2d 327) (1980), and its progeny. Moreover, the majority ignores the clear application of Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 28 (1) (343 SE2d 680) (1986), to the many contradictory statements made by Thomas.

In a “slip and fall” case, “not only must the plaintiff show that the defendant had…