Appellants-plaintiffs Brittani Rice, a minor, and William D. Rice, her father, and William D. Rice, individually, appeal from the State Court of Gwinnett County’s grant of summary judgment to appellees/defendants Six Flags Over Georgia, LLC “SFG LLC”, and Six Flags Over Georgia II, LP “SFG II”. The Rices filed a premises liability action against the appellees after Brittani Rice, then 14, reported that she had been “sexually molested”1 while riding the Ninja roller coaster ride at Six Flags Over Georgia, an amusement park located in Cobb County “Six Flags Park” or “Park”. The complaint, twice amended, alleged that the appellees failed to exercise ordinary care to provide adequate security for the protection of business invitees. The Rices appeal enumerating that the state court erred in granting summary judgment to appellees upon the standard of care owing in a premises liability case rather than that owing in the care of a child of tender age. In the alternative, the Rices argue that, even if entered upon the proper standard of care, summary judgment for appellees nonetheless was error because genuine issues of material fact remain as to whether the appellees had a duty to exercise ordinary care for the foreseeability of the criminal attack; had a duty to warn; maintained a nuisance by providing inadequate security; and were negligent per se for violation of Georgia Department of Labor Rule 300-8-1-.08 8. Finding the Rices’ claims to be without merit, we affirm. Held:
This Court reviews the grant of summary judgment de novo to determine whether any genuine issue of material fact exists for resolution by jury. Moore v. Food Assoc., 210 Ga. App. 780, 781 437 SE2d 832 1993. Summary judgment is proper where the moving party is able to show that no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law. OCGA § 9-11-56 c. A defendant meets this burden by ‘showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. . . . All of the other disputes of fact are rendered immaterial.’ Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991.
