Schock v. Holy Trinity Catholic Church

• Citation: 863 S.E.2d 536,361 Ga.App. 195
• Decision Date: 20 September 2021
• Docket Number: A21A0998
• Parties: SCHOCK v. HOLY TRINITY CATHOLIC CHURCH et al.
• Court: United States Court of Appeals (Georgia)

361 Ga.App. 195

863 S.E.2d 536

SCHOCK

v.HOLY TRINITY CATHOLIC CHURCH et al.

A21A0998

Court of Appeals of Georgia.

September 20, 2021

Graylin C. Ward, Newnan, for Appellant.

Dana Marie Richens, Tiffany Renee Winks, Caroline Anne Jozefczyk, Atlanta, for Appellee.

Phipps, Senior Appellate Judge.

Mark Schock sued Holy Trinity Catholic Church (the "Church") and Holy Trinity Council #8081, a/k/a Knights of Columbus Council #8081 (the "Knights of Columbus"),¹ for injuries he allegedly sustained when he slipped and fell at a Lenten dinner hosted by the Knights of Columbus and held on the Church's property. The Church and the Knights of Columbus moved for summary judgment, asserting that Schock's suit was barred by Georgia's Recreational Property Act ("RPA"), OCGA § 51-3-20 et seq., and that Schock failed to establish the essential elements of his claim. The trial court granted the motions for summary judgment after finding that the RPA shielded both defendants from liability for Schock's injuries, and Schock appeals. For the reasons set forth below, we affirm.

Summary judgment is appropriate when "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." OCGA § 9-11-56 (c). On appeal from a ruling on a motion for summary judgment, this Court applies a de novo standard of review, and we view the evidence, including any reasonable conclusions and inferences that it supports, in the light most favorable to the nonmovant. See Word of Faith Ministries v. Hurt , 323 Ga. App. 296, 296-297, 746 S.E.2d 777 (2013).

So viewed, the record shows that the Church is located in Peachtree City and is open both to its members and to the general public.² The Knights of Columbus is a service organization, separate and distinct from the Church, that collects and donates funds to various programs and charities in its community. The Church provides the Knights of Columbus with custody and control of a hall located on the Church's property for the Knights of Columbus to host a Lenten dinner. The Church does not pay for or provide the food served at the Lenten dinners or employees to work at the dinners, nor does the Church receive any donations from the Knights of Columbus for providing a venue for the dinners.

According to one of its trustees, the Knights of Columbus hosts the Lenten dinners as a charitable service to the community, and the dinners’ purpose is "for all individuals in the community to spend time together enjoying a meal." The dinners are open to the public, and both admission and the food are free of charge to all. While the Knights of Columbus accepts donations, it does not require that attendees make a donation or pay an entrance fee to attend the Lenten dinners. Moreover, no items are sold at the Lenten dinners by either the Knights of Columbus or the Church.

Schock went with his mother to attend a Lenten dinner on March 28, 2014 (the "Dinner"). Schock testified that he entered the hall to get food while his mother remained in the car talking on her phone. According to Schock, after filling his plate at one table, he slipped and fell on a substance on the floor while walking to another table. Schock admitted that he did not see anything on the floor before he fell. Although Schock's mother testified that she was going to give a donation to attend the Dinner, she admitted that she had not done so prior to Schock's fall because she was still outside when he slipped and fell. This appeal follows the grant of summary judgment to the Church and the Knights of Columbus based on the applicability of the RPA.

1. Schock first asserts that the trial court erred by finding that the RPA barred his claims against both the Church and the Knights of Columbus. Specifically, Schock argues that the Dinner did not qualify for protection under the RPA because it "was not a recreational activity open to the public, and free of charge to the public." We disagree.

"The purpose of [the RPA] is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners’ liability toward persons entering thereon for recreational purposes." OCGA § 51-3-20. OCGA § 51-3-22 provides that, subject to certain exceptions not relevant here, "an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes."³ The RPA shields from liability "an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes." OCGA § 51-3-23. Schock does not dispute on appeal that the Church and the Knights of Columbus constitute "owners" for purposes of the RPA. See OCGA § 51-3-21 (3) ; see also generally Chatham Area Transit Auth. v. Brantley , 353 Ga. App. 197, 206-208 (3) (a), 834 S.E.2d 593 (2019). Rather, he argues that the Dinner was not free of charge and open to the public, and it did not serve a recreational purpose.

(a) Free of charge. "As a prerequisite to immunity under the Recreational Property Act, the owner cannot charge a fee for admission to the property." Maleare v. Peachtree City Church of Christ , 213 Ga. App. 593, 595 (1) (a), 445 S.E.2d 321 (1994) (citations and punctuation omitted) (physical precedent only). See also Mercer Univ. v. Stofer , 306 Ga. 191, 199 (3), 830 S.E.2d 169 (2019) ("[N]o admission fee may be charged if immunity is to be enjoyed."). It is undisputed that neither the Church nor the Knights of Columbus charged a fee for admission to the Church property or, specifically, the Church hall where the Dinner was served. It is further undisputed that Schock did not pay an admission fee to enter the Church property or the Dinner venue. Thus, the Church and the Knights of Columbus invited or permitted Schock to enter the property free of charge, as contemplated by OCGA § 51-3-23.

In an attempt to circumvent this fact, Schock asserts that the trial court erred in applying the RPA to bar his claims against both the Church and the Knights of Columbus because the Dinner itself was not free of charge. According to Schock, the Church and the Knights of Columbus both received "a financial benefit" from the Dinner by collecting money from attendees. Specifically, Schock claims, without any citation to the appellate record or authority, that a basket placed at the front of the food line was "a clear sign to attendees that the collection of monies was expected in order to partake in the food." Schock's assertions, however, are contradicted by the undisputed evidence in the record.

The undisputed evidence shows that the Dinner was hosted by the Knights of Columbus through its charity work, and individuals were not charged for the Dinner. While a basket accepting donations sat near the food, it is undisputed that individuals who did not contribute nevertheless were permitted to attend the Dinner and partake in the food. These undisputed facts supported the trial court's conclusion that admission to the Dinner was free of charge despite the placement of a basket collecting donations at the food line and "forecloses issues of fact (genuine or otherwise) regarding lack of immunity under the Recreational Property Act" due to charges for admission. Maleare , 213 Ga. App. at 595 (1) (a), 445 S.E.2d 321.

Moreover, the record is undisputed that even if other attendees somehow felt compelled to make donations due to the placement of a donation basket at the front of the food line and even if such donations could be construed as an admission fee, Schock did not contribute any money for the Dinner. Schock relies on Mayor & Aldermen of Garden City v. Harris , 339 Ga. App. 452, 793 S.E.2d 628 (2016), to support his argument that admission to the Dinner was not free of charge; however, that decision was reversed by the Supreme Court of Georgia, which specifically concluded that "[a] landowner's liability is limited to those injured persons who have paid to use the landowner's property for recreational purposes[.]" Mayor & Aldermen of Garden City v. Harris , 302 Ga. 853, 856, 809 S.E.2d 806 (2018). That holding makes clear that the RPA's protections are available to the Church and the Knights of Columbus because Schock did not pay for his admission to the Dinner. See id.⁴ Accordingly, the trial court did not err in concluding that admission to the Dinner was free of charge for Schock.

(b) Open to the public. Schock further maintains that the RPA does not operate to bar his claim against the Church and the Knights of Columbus because the Dinner was not open to the public without limitation. Specifically, Schock asserts, without any citations to the record or authority, that the Dinner's "religious origins ... intrinsically [serve] to limit those who attend to members of the [Church] or Knights of Columbus, other Catholics, and those not of the Church who are invited by members." We disagree.

Contrary to Schock's assertions, there is no evidence in the record to support his claims that the Dinner was not open to the public, that admission to the Dinner was limited by any criteria, or that attendees were screened prior to being permitted free entry and receiving a free meal. In addition, Schock offers no evidence to support his argument that the religious significance of the event dissuaded non-Catholics. In fact, it is undisputed that the Knights of Columbus hosted the Dinner as a charitable service, and, indeed, the purpose of the dinner was for "all individuals in the community to spend time together enjoying a meal."

The Dinner at issue in this case parallels the fall festival in Word of Faith Ministries , in which this Court concluded that the RPA immunized from liability a church sponsoring a free "Hallelujah Fun Night," intended as an alternative to traditional Halloween activities, on its...