Thursday, April 03, 2014

GA: Appellate Court Gives a Win to Defendants - Apportionment

News this week from Georgia in Double View v. Polite


In the Court's decision, the panel ruled in favor of  the owner and manager of a defendant apartment complex who had lost a $5.25 million jury verdict to a consumer who was injured in a criminal attack as he walked between the complex and a nearby convenience store. The appellate court wrote that  the apartment complex should have been allowed - under Georgia's apportionment statute (OCGA 51-12-33) -  to question the jury to apportion some of the responsibility for what the plaintiff claimed was negligent security to the nearby convenience store, though it was unclear who owned it. The attackers also were included on the jury form, but the jury assigned no responsibility for the plaintiff's injuries to them. The convenience store, according to facts discovered prior to trial, had been the site of at least nine robberies.