Article ID: f572cca96c43e3e5b9d41d95a95a68ea2fd938453900c0a18ed4a7b45b60f361
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URL: https://www.businessinsurance.com/georgia-appeals-court-revives-six-flags-wrongful-death-suit/
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Georgia appeals court revives Six Flags wrongful death suit - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Georgia appeals court revives Six Flags wrongful death suit by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jun 15, 2026 A Georgia appeals court on Monday revived a wrongful death lawsuit against Six Flags entities and a park worker over the death of a seasonal haunted house “scare actor” who fell from a cargo van at Six Flags Over Georgia. The Court of Appeals of Georgia in Crook et al. v. Six Flags Over Georgia II L.P. et al. reversed and remanded a Gwinnett County State Court ruling that dismissed the lawsuit for lack of subject matter jurisdiction. Lokin Crook sued individually, as surviving spouse of Andrea Crook, and as administrator of her estate, after Ms. Crook died from injuries suffered Oct. 1, 2023, while working during Fright Fest at Six Flags Over Georgia. According to the ruling, Ms. Crook and other seasonal actors were loaded into the back of a cargo van at the park. The van’s door remained open throughout the ride, and Ms. Crook fell out and hit her head as the driver went up a hill and around a curve. The lawsuit alleged the Six Flags defendants failed to maintain the van, which did not have passenger seats, seat belts or other restraints and lacked safety features such as a functioning door. The suit also alleged the defendants failed to properly train and supervise the driver and failed to provide safe transportation to scare actors. The defendants argued the claims were barred by the exclusive remedy provision of the Georgia Workers’ Compensation Act. The trial court agreed, finding it lacked subject matter jurisdiction. The appeals court reversed, holding that the workers compensation exclusivity bar is an affirmative defense, not a jurisdictional issue. That means the party asserting the defense bears the burden of proving it applies and the defense can be waived. The appeals court said prior rulings treating the exclusivity bar as jurisdictional were disapproved. The court declined to decide whether the claims are ultimately barred by workers compensation exclusivity and remanded the case for further proceedings. 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