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Anderson v. Atlanta Comm. for the Olympic Games Inc.

Whether an activity is recreational under Georgia's Recreational Property Act requires the application of a balancing test.

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This Court consolidated these three appeals because they all involve challenges to the constitutionality of the Recreational Property Act “RPA”, OCGA § 51-3-20 et seq., and its application to two suits arising out of the bombing in Centennial Olympic Park during the 1996 Olympic Games. The plaintiffs seek damages for wrongful death and personal injuries from the Atlanta Committee for the Olympic Games, Inc. ACOG, which is the lessee of the park property1 ; from ACOG’s director of security, William Rathburn; from AT&T Corporation, a sublessee of property within the park; and from two security services, Borg-Warner Protective Services Corporation, hired by ACOG, and Anthony Davis, Inc. “ADI”, hired by an agent of AT&T.

The Anderson plaintiffs appeal in Case No. S00A0899 from the grant of summary judgment in favor of ACOG and Rathburn and appeal in Case No. S00A0901 from the grant of summary judgment to AT&T and the two security services as well as from the grant of AT&T’s motion to dismiss. In Case No. S00A1069, the Hawthorne plaintiffs appeal the grant of summary judgment to all the defendants in their wrongful death action.

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