Word of Faith Ministries, Inc. v. Hurt
323 Ga. App. 296
Ga. Ct. App.2013Background
- Pursuant to an interlocutory appeal, the church challenges the trial court’s denial of its summary-judgment motion in a premises-liability case.
- Plaintiff Hurt filed suit on behalf of her son Mark for injuries suffered at a church-sponsored festival held on church property.
- The October 2007 Hallelujah Fun Night offered free, community-access recreational activities, including a bounce house and inflatable slide.
- Mark fell from the eight-foot slide after it began to lean due to other children’ s crowding at the base.
- There was no evidence the church acted with malice or that it recruited new members or charged admission for the festival.
- The issue on appeal was whether the Recreational Property Act shields the church from liability, and the court ultimately reversed the trial court’s denial of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RPA applicability to the festival | Hurt argues the festival was commercial and thus RPA does not apply. | The church contends there is no evidence of a commercial purpose and RPA shields the church. | RPA applies; summary judgment for church granted |
| Mootness of remaining claim | N/A | N/A | Remaining claim deemed moot |
Key Cases Cited
- South Gwinnett Athletic Assn. v. Nash, 220 Ga. App. 116 (1996) (recognizes RPA scope and application)
- Anderson v. Atlanta Committee for the Olympic Games, 273 Ga. 113 (2000) (RPA applicability when public use serves more than mere recreation)
- Matheson v. Ga. Dept. of Transp., 280 Ga. App. 192 (2006) (property can have multiple uses; commercial purpose may defeat RPA)
- Maleare v. Peachtree City Church of Christ, 213 Ga. App. 593 (1994) (undisputed facts foreclose issues of anti-immunity under RPA)
- Norton v. Cobb, 284 Ga. App. 303 (2007) (summary-judgment standard; de novo review on appeal)