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 Panel Rules Ga. State Park Is Shielded by Sovereign Immunity for Historic Preservation Choices
In deciding the slip-and-fall case, the appeals court used a two-prong analysis created by the U.S. Supreme Court but hadn't yet been used in Georgia.
March 19, 2024 at 02:24 PM
4 minute read
Civil Appeals
What You Need to Know
- The Georgia Court of Appeals upheld a trial court dismissal of a case against the Department of Natural Resources, ruling it was protected by sovereign immunity.
- In doing so, the intermediate court reasoned that the decision to not install new guard rails or safety signs was discretionary and in line with the park's mission of historic preservation.
- Plaintiff-appellant counsel said they are still in the process of deciding whether or not they will seek certiorari from the state Supreme Court.
The Georgia Court of Appeals unanimously ruled that the choice to fix or alert guests to safety hazards in state parks is a discretionary policy decision and protected by sovereign immunity, in a state park slip and fall case where a guest fell through a hole in an overlook and into a canyon. In deciding the case, the state intermediate court used a two-prong analysis created by the United States Supreme Court but hadn't yet been used in Georgia, according to the opinion.
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