The Georgia Court of Appeals has reversed a lower court's dismissal of a wrongful death lawsuit against Six Flags Over Georgia II, L.P. The decision affects Lokin Crook, the surviving spouse of Andrea Crook, who died after falling from a cargo van while working at the theme park. The ruling clarifies the application of the Georgia Workers' Compensation Act (WCA) and its exclusivity provisions.
The case, Crook et al. v. Six Flags Over Georgia II, L.P., was filed after Andrea Crook, who was working as a seasonal "scare actor" at the park's Fright Fest event, fell out of an open cargo van driven by a fellow employee. The incident resulted in her death from head injuries. Lokin Crook filed the lawsuit in January 2024, claiming negligence against Six Flags and the van driver, Asia Hendricks.
The dispute arose when the defendants filed motions to dismiss the case, arguing that the WCA barred the claims due to its exclusive remedy provision. The trial court agreed, ruling it lacked subject matter jurisdiction over the claims, leading Lokin Crook to appeal the decision.
In its ruling on June 15, 2026, the Court of Appeals found that the trial court erred in treating the exclusivity bar of the WCA as a matter of subject matter jurisdiction. The court stated, "the trial court erred in treating the exclusivity bar as jurisdictional, and therefore, also erred in holding that Plaintiff bore the burden of proving that the Act did not apply in the instant case." The judges on the panel included Presiding Judge Dillard, Judge Gobeil, and Judge Pipkin.
The court emphasized that the WCA provides an exclusive remedy for workers injured in the course of employment but does not strip the courts of jurisdiction to hear wrongful death lawsuits. The ruling clarifies that the application of the exclusivity provision is an affirmative defense and not a jurisdictional issue, meaning the burden of proof lies with the defendants, not the plaintiff.
This decision is significant because it sets a precedent regarding how courts interpret the exclusivity provisions of the WCA. It allows plaintiffs to pursue wrongful death claims without the burden of disproving the applicability of the WCA's exclusivity bar. The ruling could impact future cases involving workplace injuries and wrongful death claims in Georgia.
As for what’s next, the case has been remanded to the trial court for further proceedings consistent with the appeals court's opinion. The defendants may still raise the exclusivity defense in the future, but they must do so as an affirmative defense rather than a jurisdictional challenge. The court did not indicate whether the defendants could appeal this ruling further, but it is possible for them to seek further review in the Georgia Supreme Court.