Supreme Court of Georgia
Mercer University v. Stofer
June 24, 2019830 S.E.2d 169
Summary
The Supreme Court of Georgia clarified the proper test for granting immunity under the Recreational Property Act, holding that the analysis must focus on (1) the nature of the activity invited and (2) the nature of the property, and that a landowner’s subjective motivations or speculative indirect financial benefits are improper considerations. The Court further held that when genuine factual disputes exist regarding those factors, the issue is for a jury, but absent such disputes summary judgment may be granted. Accordingly, the Court vacated the Court of Appeals decision and remanded for further proceedings applying the clarified test.