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After more than three years of litigation and a four-day day jury trial in the State Court of Dekalb County, Chartwell attorneys Robert A. Luskin and Abriana B. Horton secured a full defense verdict on behalf of their client, a prominent long-standing Atlanta entertainment establishment.
The case involved disputed issues of liability, causation, and damages. It arose from an incident at the establishment involving multiple patrons and a security guard, whom the plaintiff alleged negligently caused her to fall. As a result of the incident, the plaintiff sought substantial compensation for both economic and non-economic losses, alleging permanent, life-altering injuries.
Prior to trial, the defense successfully moved for partial summary judgment, achieving dismissal of the plaintiff’s claims for imputed liability, negligent hiring, negligent training, negligent supervision, attorney’s fees, and punitive damages, leaving only the ordinary negligence claim for trial.
The trial was bifurcated under the recently enacted O.C.G.A. § 51-12-15, which establishes separate phases for liability and damages in certain civil actions. During the liability phase, the defense challenged the plaintiff’s recollection and credibility, as well as that of other witnesses and involved patrons, through thorough cross-examination and the effective use of impeachment evidence.
After more than six hours of deliberations and multiple reports that the jury was deadlocked, it ultimately returned a complete defense verdict, finding that neither the entertainment establishment nor the security guard was negligent. Because the jury found no liability, the damages phase was never reached.
Congratulations on a big win for the entire extended trial team, whose tireless efforts made this outcome possible.
