Ga. Court of Appeals Upholds $1.15 Million Personal Injury Verdict Against Convenience Store

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$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

In November 2015, two men stopped at an Atlanta gas station and convenience store. One man stepped out to get gas while the other was taking a nap in the front seat of the act. Shortly thereafter, a third man wearing a white hat confronted the man pumping the gas. This led to an exchange of gunfire. One of the bullets hit the second man in the car.

Khalia, Inc. v. Rosebud

The gunshot victim subsequently filed a personal injury lawsuit against the company that owned the convenience store. Evidence presented at trial indicated the store was a “well-known scene of illegal drug transactions” and, notably, at least “two incidents of prior gunplay.” Indeed, there had been another shooting at the same convenience store just three days before the incident that injured the plaintiff.

Despite this, the evidence also showed the defendant’s principal instructed his employees to “never” make “any sort of reports” regarding criminal activity in and around the store. While the store purportedly maintained 14 security cameras inside the store, it only had 2 such cameras outside, and neither were monitored.

The jury ultimately determined that the defendant was 66% at-fault for the plaintiff’s shooting injuries and awarded roughly $1.134 million in damages.

On appeal, the defendant asked the Court of Appeals to throw out the jury’s verdict, arguing there was no evidence it owed any legal duty to the plaintiff as he was “never on [the defendant’s] premises,” and in any event, its negligent security “could not have been the proximate cause of the shooting.” In other words, the man in the white hat’s conduct effectively “broke” any chain of causation between the defendant’s negligence and the plaintiff’s injuries.

The Court of Appeals disagreed with the defense’s reasoning and upheld the jury’s verdict. The appeals court explained that “some evidence supported the jury’s determination that [the defendant] violated” the applicable “standard of care.” Basically, the plaintiff was a “licensee,” or a social guest of the property owner, rather than an “invitee,” or someone there to perform a financial transaction. This is a critical distinction, because legally a premises owner has a lesser standard of care with respect to an invitee.

Specifically, the Court of Appeals said, a premises owner is only liable for a “willful and wanton” act or omission that led to the injury of an invitee. Put another way, the defendant had a duty to exercise “ordinary care and diligence” to prevent any injury to the plaintiff, provided the defendant knew or had “reason to know” there was a dangerous condition that created an “unreasonable risk of harm” and the defendant failed to either protect the plaintiff or warn him of the danger.

Here, the jury determined that the defendant failed in its duty to warn the plaintiff and other invitees “of the hazardous conditions on its premises, including frequent criminal activity and gunfire, of which it arguably had knowledge.” The Court of Appeals said such a finding was within the jury’s discretion, and it therefore would not second-guess its verdict.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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