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Martin v. Dempsey Funeral Servs. Inc.

In a slip and fall action for injuries sustained at a cemetery, the evidence raised jury questions as to the applicability of the Recreational Property Act and the plaintiff's legal status as either an invitee or a licensee.

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Appellant Genevieve Martin sued appellees Dempsey Funeral Services of Georgia, Inc. and Magnolia Landcare Group, Inc. to recover for personal injuries that she allegedly sustained when she slipped and fell while visiting her daughter’s gravesite at Dempsey Funeral’s cemetery. The trial court granted summary judgment in favor of Dempsey Funeral and Magnolia Landcare, finding that the Recreational Property Act, OCGA § 51-3-20 et seq. “RPA”, precluded Martin’s claims. The trial court alternatively concluded that summary judgment was appropriate since Martin was a licensee and there was no evidence that appellees had breached the standard of care. On appeal, Martin contends that the trial court’s decision was erroneous since i a jury question existed as to whether the RPA applied because the cemetery had mixed commercial and recreational uses; ii the RPA did not extend to Magnolia Landcare, a non-owner; and iii Martin had the status of an invitee, rather than a licensee.1 We agree that the evidence raised jury questions as to the applicability of the RPA and Martin’s legal status as either an invitee or a licensee. Accordingly, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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