Folks, Inc. v. Dobbs

Although I agree fully with the holding in the second division of the majority opinion, I cannot join in the holding of the first division and must, therefore, dissent to that portion of the decision.

As noted by the majority, questions of negligence, assumption of the risk, lack of ordinary care for one’s own safety, lack of ordinary care in avoiding the consequences of another’s negligence, and comparative negligence are for the jury except when the facts are so plain and palpable that they demand a finding as a matter of law. Rainey v. City of East Point, 173 Ga. App. 893 (328 SE2d 567)…