Southern Railway Co. v. Montgomery , 192 Ga. App. 308 ( 1989 )

Beasley, Judge,

concurring specially.

I concur in the judgment but have some reservations about Division 3. The evidence was that although there was a 15 percent permanent disability, only 10 percent was attributable to this injury and 5 percent of the impairment was due to his preexisting degenerative disc disease which was unrelated to the railroad incident. As to future employment and curtailment of activities, subsequent to the injury, plaintiff was temporarily completely disabled by an unconnected heart attack and precluded from gainful employment for more than a year.

Compare CSX Transp. v. Darling, 189 Ga. App. 719 (377 SE2d 217) (1988).

Kerry R. McDonald, for appellee.