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Mayor v. Harris

Court: Georgia Court of Appeals
Case Number: 793 Ga. App. 628
Decision Date: November 15, 2016
Case Type: Immunity - Official
Willie and Kristy Harris brought suit against The Mayor and Aldermen of the City of Garden City, seeking to recover damages arising from injuries their minor daughter suffered when, while attending a youth football game at a stadium owned and operated by the City, she fell through the bleachers. The City moved for summary judgment on the grounds that it was immune from liability under the Recreational Property Act, O.C.G.A. §51-3-20 because the stadium was available to the public for recreational purposes. The trial court denied the City’s motion, finding that, because the stadium was not open to the general public at no charge, the RPA did not protect the City from liability. The Court of Appeals affirmed.
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