Appellant/plaintiff Marion O’Neill Lee, Sr., individually and as the administrator of the estate of Geraldine Lee, deceased,1 brought the instant renewal action, as amended, against appellee/defendant the Department of Natural Resources of the State of Georgia and the State of Georgia collectively “Department” to recover for injuries Mrs. Lee sustained when she tripped and fell over wood timbers and debris in the vicinity of the restroom area on Ossabaw Island and to recover for his lost consortium. He appeals the grant of the Department’s motion for summary judgment, contending that the Superior Court of Chatham County erred in concluding as a matter of law that his claim is barred by the Recreational Property Act, OCGA § 51-3-20, et seq. “RPA,” the “Act”. Appellant argues that the limitation of liability under the Act does not lie because: the $29 fees he and his wife paid for valid wildlife management area licenses to hunt on Ossabaw Island constituted a charge for the recreational use of the island in violation of the Act; Ossabaw Island was not open to the public because, in addition to requiring valid hunting and wildlife management area licenses, the Department limited admission to the island to those it selected by lottery; and the evidence showed that the “Department acted willfully sic and with malice by failing to warn or correct the known danger which they created and knew was likely to cause serious injury to the guests who come to the Island with their permission.” Further, the appellant claims that the superior court erred in denying his motion to continue its ruling on summary judgment for 90 days to permit more discovery. The foregoing claims as without merit, we affirm. While camping and hunting on Ossabaw Island, Mrs. Lee tripped and fell over a debris pile consisting of railroad crossties, large timbers, and other wood scraps near the public restroom on Ossabaw Island, dislocating her elbow. The fall occurred between 8:00 and 8:30 p.m. on January 8, 1999, as she was returning from the restroom. Mrs. Lee was not using her flashlight as she did so because its batteries had burned out on the way there. The appellants’ original complaint averred ordinary negligence in the State for its failure to warn and maintain adequate lighting in the restroom area. The appellants later amended the original complaint to allege that the State “was guilty of failing to use even slight care and of willfully and maliciously failing to guard or warn against a dangerous condition, use, structure or activity.” Held :
1. It is undisputed that access to Ossabaw Island for recreational purposes is free to members of the general public, as are permits to hunt on the island, subject to having valid hunting and wildlife management area licenses. The RPA was enacted to “encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners’ liability toward persons entering thereon for recreational purposes.” OCGA § 51-3-20. Hunting is among the many recreational purposes recognized by the Act. OCGA § 51-3-21 4. The Act relieves landowners “who either directly or indirectly invite or permit without charge any person to use the property for recreational purposes,” OCGA § 51-3-23, from any liability for personal injuries resulting from unsafe or defective conditions existing on the premises. Id. In the event the owner assesses a charge for the recreational use of the land, no limitation from liability under the Act obtains. OCGA § 51-3-25 2; Majeske v. Jekyll Island State Park Auth. , 209 Ga. App. 118, 119 1 433 SE2d 304 1993; Stone Mountain Mem. Assn. v. Herrington , 225 Ga. 746 1 171 SE2d 521 1969.
