Gibson v. Consolidated Credit Corp.

I disagree with the majority opinion for the following reasons: “Only in clear and palpable cases, where it appears that one recklessly tests an observed and clearly obvious peril, or voluntarily assumes a position of imminent danger, will he be barred from recovery as a matter of law; otherwise, the question of what negligence, as well as whose negligence is responsible for the injury is a jury question. Atlanta Transit System v. Allen, 96 Ga. App. 622 (101 SE2d 134); Southern Stages v. Clements, 71 Ga. App. 169 (30 SE2d 429).” Beck v. Wade, 100 Ga. App. 79, 83 (110 SE2d 43).

The petition…