$42.75M parking lot shooting verdict upheld by Georgia's Supreme Court
The store had removed its security guards two years earlier. The ruling changed how Georgia courts decide whether a crime was foreseeable.
Amount awarded by the jury $42,750,000 State Court of Fulton County · March 22, 2019 · Fulton County, Georgia
A Fulton County, Georgia, jury awarded $42.75 million to a man who was robbed and shot in the parking lot of an Atlanta drugstore.
Shortly before Christmas 2012, he was robbed and shot several times in the lot after completing a sale. His medical bills topped $725,000.
Evidence at trial showed that company leaders knew the store and its parking lot had a history of robberies and assaults. The chain had removed its security guards about two years before the shooting, and witnesses testified to at least three violent crimes at the store afterward. Employees had repeatedly asked for a guard and better lighting.
On March 22, 2019, the jury put 95 percent of the fault on the property owner, 5 percent on the man and none on the attacker. The Georgia Court of Appeals affirmed in November 2021. On June 29, 2023, the Supreme Court of Georgia affirmed again, holding that foreseeability depends on the totality of the circumstances and that prior similar crimes are not the only way to prove it.
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Not legal advice. Southeast Verdicts reports public court outcomes and news coverage. Parties are anonymized. Amounts are as reported at the time of the verdict or settlement and may have been reduced, appealed or not collected.
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Published by Dan Wentz
Commercial insurance producer in Birmingham, Alabama, specializing in coverage for commercial real estate owners.