Brown v. Amerson

I respectfully dissent from the affirmance of summary judgment granted to the defendant landowners in plaintiff I. Stanley Brown’s loss of consortium action arising from personal injuries sustained by plaintiff’s wife, Debra Brown, when she slipped on the wet pavement of defendants’ parking lot on a misty May afternoon, breaking her left ankle.

In my view, the majority should not have applied the rule of Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680), because Debra Brown’s affidavit gave a perfectly consistent explanation for the cause of her fall, namely, a presence of…