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Stone Mountain Mem'l Ass'n v. Amestoy

In the plaintiff's premises liability and wrongful death action following her husband's death in a bicycling accident at a park, the Court found that the park was immune from liability under the Recreational Property Act.

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Stone Mountain Memorial Association SMMA appeals from the trial court’s denial of its motion for summary judgment in a premises-liability and wrongful-death action brought by Nancy Amestoy following her husband Martin’s tragic death in a bicycling accident at Stone Mountain Park. Specifically, SMMA contends that the trial court erred in denying its motion for summary judgment because it is immune from liability under the Recreational Property Act RPA.1 Because we agree with SMMA that the RPA immunizes it from liability, we reverse.

Viewed in the light most favorable to Nancy Amestoy i.e., the nonmoving party,2 the record reflects that between 7:30 and 7:45 a.m. on the day in question, officers with SMMA’s public-safety department engaged in temporary traffic-control efforts on portions of Stone Mountain Park’s Robert E. Lee Boulevard in anticipation of a 5k walk/run event that was scheduled to begin at 8:00 a.m. These temporary traffic-control efforts consisted of two saw-horse style barricades placed side-by-side across the road’s southbound lanes, spanning approximately ten-feet wide with an approximately one-and-a-half foot gap between them. Both barricades bore orange and white stripes and do not enter signs.

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