Aggeles v. Theater of Stars, Inc.

McMurray,

Presiding Judge, concurring specially.

By order dated January 5, 1998, “the judgment of the Court of Appeals [was] vacated, and the case [was] remanded to the Court of Appeals for reconsideration of the merits of [plaintiff-]petitioner’s appeal in light of [the Supreme Court of Georgia’s] holding in Robinson v. Kroger Co., [268 Ga. 735 (493 SE2d 403)].” Like the majority, I conclude that reversal of the previous grant of summary judgment is mandated by the Supreme Court of Georgia’s recent decision, but not because of policy statements about the burden of proof. Rather, this result is…