This appeal involves the scope and application of the Georgia Recreational Property Act RPA, OCGA § § 51-3-20 through 51-3-26. Deborah Matheson and her husband, Walter Matheson, appeal from the trial court’s grant of summary judgment to the Georgia Department of Transportation GDOT in their suit seeking damages for personal injury and loss of consortium. In the Mathesons’ four enumerations of error, they contend that the RPA, which limits the liability of landowners in certain situations, does not apply to the facts of this case. We find no merit in any of their contentions, and we therefore affirm the trial court’s grant of summary judgment to GDOT. Summary judgment is proper when the moving party shows that no genuine issue of material fact exists, and that, when viewed in the light most favorable to the respondent, the undisputed facts warrant judgment as a matter of law. As a defendant, GDOT could do this by demonstrating that no evidence exists in the record to create a jury issue as to at least one essential element of the Mathesons’ case. Citation omitted. Soto v. CarMax Auto Superstores , 271 Ga. App. 813, 815 1 a 611 SE2d 108 2005. Viewing the evidence favorably to the Mathesons, the record shows that Deborah Matheson and several co-workers were returning by bus from a convention in Alabama when the bus stopped at the Tallapoosa Welcome Center. After using the restroom, she “milled around,” perusing brochures, choosing several, and picking out a book for her daughters. When it was time to return to the bus Matheson walked to the parking area on a paved path. As she crossed the picnic area she tripped and fell forward, striking her head, possibly on a cement structure.
The Tallapoosa Welcome Center meets the definition of a “safety rest area” or “rest area” in OCGA § 32-6-71; it is “an area or site established and maintained within or adjacent to the highway right of way, by or under public supervision or control, for the convenience of the traveling public.” OCGA § 32-6-71 20. The Tallapoosa safety rest area includes restrooms, picnic tables and benches, water fountains, vending machines, grassy areas, a pet area, and sidewalks, and it is maintained by the GDOT.
