Copyright 2004 The Atlanta Journal-Constitution

June 29, 2004

Top court greenlights Olympics bomb suit

By Bill Rankin

Atlanta's 1996 Olympics organizers can be sued by victims of the Centennial Olympic Park bombing, the Georgia Supreme Court ruled Monday.

In a unanimous decision, the state's high court granted a significant victory to victims of the park bombing that killed Alice Hawthorne of Albany, injured 111 people and terrified the city. A lawsuit brought by more than three dozen victims and their relatives heads now toward trial in Fulton County State Court.

"My clients are ready for their case to be heard, and we're looking forward to a successful conclusion," Atlanta lawyer Jay Sadd said. "We contend that negligent security at Centennial Olympic Park allowed this tragedy to take place."

The victims will ask a jury to award damages to compensate them for their injuries, lost wages and pain and suffering, Sadd said.

The suit was filed against the Atlanta Committee for the Olympic Games and Eric Robert Rudolph, who is charged with the park bombing as well as with other bombings in metro Atlanta and Birmingham. ACOG has a $100 million insurance policy, Sadd said.

Gilbert Deitch, a lawyer for Hawthorne's widower, John Hawthorne, said his client seeks his day in court after seven years of motions and appeals. Deitch said he will prove ACOG failed to keep the park safe for both Alice Hawthorne and her daughter, Fallon Stubbs, who was injured by the bomb.

"Obviously, we're disappointed by the ruling," ACOG attorney Ryan Mock said. But Mock said ACOG remains confident it ultimately will prevail at trial.

The Georgia Supreme Court upheld most facets of a decision reached a year ago by the Georgia Court of Appeals, which had ruled that ACOG was not immune from liability under the Georgia Recreational Authority Act of 1965.
The case is expected to have a two-staged trial. During the first phase, the jury must determine the park's recreational or commercial status. If a finding is made that the park was used for recreation, then ACOG is shielded from liability and the case is dismissed. If jurors find the park was commercial, then the trial goes to its next phase, and the jury then decides whether ACOG provided inadequate security and could be held liable for damages.

Lawyers for the bombing victims have argued that Centennial Olympic Park was a hotbed of commercial activity during the Summer Games. AT&T, NBC and Swatch as well as memorabilia and food vendors were stationed throughout the park, the attorneys said. Mock, ACOG's lawyer, said revenues generated from the park were used "solely for the purpose of defraying the cost of providing the park to the public for a place to recreate during the games."

Addressing claims that ACOG did not provide adequate security, Mock said 222 trained volunteers, 180 state law enforcement officers and private security officers were stationed throughout the park.

After security guard Richard Jewell detected a suspicious green backpack, which contained the bomb, the matter was turned over to state law enforcement officials 20 minutes before the explosion, Mock said. "Where was the inadequate security?" he said.