Crook v. Six Flags Over Georgia II, L.P., No. A26A0470, 2026 WL 1737055, __ S.E.2d __ (Ga. Ct. App. June 15, 2026). The court (Gobeil, J.; Dillard, P.J., and Pipkin, J., concur fully and specially) reverses the dismissal of a negligence and wrongful death action. The court held that the Workers' Compensation Act's exclusive remedy provision does not deprive a state court of subject matter jurisdiction; it may provide a tort immunity or affirmative defense, but defendants must assert it as a non-jurisdictional defense rather than as a basis for dismissal under lack of subject matter jurisdiction. Ms.** 3–5. The court disapproved prior Court of Appeals decisions to the extent they treated the exclusivity bar as jurisdictional. Ms.** 5–6.
