Georgia Court of Appeals case
Sivak v. the Georgia Department of Natural Resources, indicating a hole in an overlook at Georgia’s Cloudland Canyon State Park that the plaintiff fell into. (Image from court documents)
In a case testing the reach of sovereign immunity, a Georgia Court of Appeals panel made up of Judges Benjamin Land and Jeffrey Watkins and Presiding Judge Anne Elizabeth Barnes heard arguments in a premises liability case where a hiker at Cloudland Canyon State Park fell down a hole inside a fenced area and 30 feet into the gorge, suffering severe injuries, including a broken neck, spine and ribs.
Plaintiffs, represented by Anna Cross and Meredith Kincaid of Cross Kincaid and Brandon Smith of Brandon Smith Law, argue that the park—run by a state agency—had known about the hole for nearly a year, but no concrete steps had been taken to fix it. The trial court tossed the case on the grounds of sovereign immunity.
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