Oliver v. City of Atlanta

Birdsong, Judge.

These appeals, which will be treated as one as the issues and evidence are the same in each case, are from the grant of summary judgment for the appellee. Appellants sued the City of Atlanta for the death of their nine-year-old son who drowned in a pool owned by the City on April 9, 1975. Held:

1. The facts show that the area in question had at one time been created by a developer of a subdivision as a park and had been used as a recreational facility by residents of the neighborhood. Located on the premises were playground equipment, a baseball diamond, swimming pool, and bath…