Bruno’s Food Stores, Inc. v. Taylor

Although I agree the trial court properly denied FoodMax’s motion for summary judgment, I write separately because I cannot agree with the analysis the majority used in reaching that result. In my view, the majority misconstrues and misapplies our law concerning summary judgment, inferences, active negligence, and distractions.

1. Because Taylor slipped on water intentionally placed on the floor by FoodMax’s cleaning company, consideration of the Alterman Foods foreign substance analysis is unwarranted (see Alterman Foods v. Ligon, 246 Ga. 620, 623-624 (272 SE2d 327)), and FoodMax’s arguments…