Georgia Supreme Court Holds That a Landowner’s Subjective Intent Should Not Be Considered Under the

Sally Stofer’s family sued after she suffered fatal injuries while attending a free concert which Mercer University (“Mercer”) hosted at a public park. Mercer University v. Stofer, 306 Ga. 191 (2019). Her family filed a wrongful death action against Mercer, asserting negligence claims. Mercer moved for summary judgment, arguing in part that it is immune from liability under the Recreation Property Act (“Act”) because it had invited Ms. Stofer and other members of the public to the park for recreational purposes. The plaintiffs did not dispute that Ms. Stofer was engaging in a “recreational” activity while attending the concert on the property. However, the plaintiffs opposed Mercer’s claim

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