The Georgia Court of Appeals unanimously ruled that the choice to fix or alert guests to safety hazards in state parks is a discretionary policy decision and protected by sovereign immunity, in a state park slip and fall case where a guest fell through a hole in an overlook and into a canyon. In deciding the case, the state intermediate court used a two-prong analysis created by the United States Supreme Court but hadn’t yet been used in Georgia, according to the opinion.

“We respectfully disagree with the Court of Appeals decision and are evaluating whether to seek certiorari from the Supreme Court of Georgia,” said Meredith Kincaid, who along with co-counsel Anna Cross of the same firm and Brandon Smith of Brandon Smith Law, represented the plaintiff-appellant.