Anderson v. Turton Development, Inc. ( 1997 )

Birdsong, Presiding Judge,

dissenting.

I believe the trial court was correct when it found the ramp to be an open and obvious static condition and that Mrs. Anderson failed to exercise ordinary care for her own safety.

The day was clear with a sunny sky and dry conditions. Appellant admits nothing prevented her from seeing the ramp or slope and there were no distractions. This Court held in Sullivan v. Quisc, Inc., 207 Ga. App. 114 (427 SE2d 86) that even if a threshold slope created a hazardous condition, it was an open and obvious static condition that the plaintiff could have avoided in the exercise of ordinary care.

This case is controlled by Manley v. Gwinnett Place Assoc., 216 Ga. App. 379 (454 SE2d 577).

Decided February 13,1997 Reconsideration denied March 7,1997 Gorby & Reeves, Michael J. Gorby, Amanda R. H. Burri, for appellants. Neal C. Scott, Todd A. Schweber, for appellees.

I respectfully dissent. I am authorized to state that Chief Judge Andrews and Judge Ruffin join in this dissent.