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The Mayor Aldermen of the City of Garden City v. Harris

Because City charged a fee to enter a City-owned stadium, an exception to the Recreational Property Act applied and City was, therefore, not immune from liability under the Act in plaintiffs' suit arising after a 6-year-old girl fell through the bleachers at the stadium and suffered injury.

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Willie and Kristy Harris, individually and on behalf of their minor daughter, Riley Harris, sued The Mayor and Aldermen of the City of Garden City, Georgia the City seeking to recover damages arising from injuries Riley suffered when, while attending a youth football game at a stadium owned and operated by the City, she fell through the bleachers. The City moved for summary judgment on the grounds, inter alia, that it was immune from liability under the Recreational Property Act, OCGA § 51-3-20 et seq. the RPA, because the stadium was available to the public for recreational purposes. The trial court denied the City’s motion, finding that, because the stadium was not open to the general public at no charge, the RPA did not protect the City from liability. This Court granted the City’s application for leave to file an interlocutory appeal. For the reasons set forth below, we agree with the trial court and affirm.

On appeal from the grant of summary judgment, we construe the evidence most favorably towards the nonmoving party, who is given the benefit of all reasonable doubts and possible inferences. The party opposing summary judgment is not required to produce evidence demanding judgment for it, but is only required to present evidence that raises a genuine issue of material fact. Our review of the grant or denial of a motion for summary judgment is de novo.

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