Wall v. Steak & Ale of Georgia, Inc.

The issue in the present case is whether there are any circumstances which excuse Joanne Wall’s failure to see the stream of liquid before stepping in it. She testified as to being distracted by passing cars shortly before her fall. A possible confrontation with vehicular traffic on the property may be a significant distraction. Magee v. Federated Dept. Stores, 187 Ga. App. 620, 621 (371 SE2d 99). The majority holds this principle to be inapplicable simply because the cars moving in Joanne Wall’s immediate vicinity had already passed by her. Joanne Wall was walking along a narrow passage…