GEORGIA MARBLE COMPANY v. Warren

Beasley, Judge.

We granted defendant Georgia Marble Company an interlocutory appeal from denial of its motion for summary judgment in a suit for damages for injuries and loss of consortium. The action arose when Roger Warren dived into a creek at Whitestone Park, an area which had been leased to Georgia Marble since 1959 and which the company for years had opened to public use for recreational purposes. Wilful and/or malicious failure to guard or warn of the dangerous condition in the creek, as well as negligence, was alleged.

The company argues that the trial court erroneously failed to apply,…