Georgia Court of Appeals case Sivak v. the Georgia Department of Natural Resources, indicating a hole in an overlook at Georgia's Cloudland Canyon State Park that the plaintiff fell into. (Image from court documents) Ga. Appellate Court Mulls Reach of Sovereign Immunity in State Park Premises Liability Case
Presiding Judge Anne Elizabeth Barnes asked questions challenging the reasons given by the state government for not fixing a hole at a state park.
August 14, 2023 at 04:27 PM
5 minute read
In a case testing the reach of sovereign immunity, a Georgia Court of Appeals panel made up of Judges Benjamin Land and Jeffrey Watkins and Presiding Judge Anne Elizabeth Barnes heard arguments in a premises liability case where a hiker at Cloudland Canyon State Park fell down a hole inside a fenced area and 30 feet into the gorge, suffering severe injuries, including a broken neck, spine and ribs.
Plaintiffs, represented by Anna Cross and Meredith Kincaid of Cross Kincaid and Brandon Smith of Brandon Smith Law, argue that the park—run by a state agency—had known about the hole for nearly a year, but no concrete steps had been taken to fix it. The trial court tossed the case on the grounds of sovereign immunity.
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