Legal Opinion · Dissent

Girone v. City of Winder

Court of Appeals of Georgia

Decided December 5, 1994No. A94A1398Published

1DissentAndrews, Judge

Contrary to the majority’s analysis, Soto v. Roswell Townhomes, 183 Ga. App. 286 (358 SE2d 670) (1987), was not decided on the basis of the “equal or superior knowledge rule” frequently applied in premises liability cases. The holding in Soto was that “ ‘a finding is demanded that [appellant’s] fall resulted from a defective and unsafe condition of the premises of which she was aware; and (she) is therefore barred from recovery by reason of her failure to exercise ordinary care for her own safety.’ Taylor v. Boyce, 105 Ga. App. 434-435 (2) (124 SE2d 647) (1962). See also Wade v. Roberts, [118…

2Cases cited12 opinions

  1. Kitchens v. Winter Co. Builders, Inc.Court of Appeals of Georgia · 1982
  2. Hull v. Massachusetts Mutual Life InsuranceCourt of Appeals of Georgia · 1977
  3. Union Camp Corp. v. HelmySupreme Court of Georgia · 1988
  4. Leonardson v. Georgia Power Co.Court of Appeals of Georgia · 1993
  5. Soto v. Roswell Townhomes, Inc.Court of Appeals of Georgia · 1987

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