Vol. 53 No. 8

Trial Magazine

Verdicts and Settlements: Premises Liability

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Inadequate Security

August 2017

Florencio Gomez-Mendez, 33, was shot by three unknown assailants at the ­Bradford Ridge apartment complex, which is owned by Clayton Carriage Apartments, LLC, and managed by JAMCO Properties, Inc. Gomez-Mendez died of massive bleeding and internal trauma and is survived by his wife and three minor children.

Gomez-Mendez’s estate and his wife, individually and on behalf of the couple’s children, sued the complex’s owner and manager, alleging inadequate security. The plaintiffs claimed that although the property had a significant history of violent crime, the defendants failed to enhance the complex’s security—including installing a gate to prevent unauthorized people from entering—or warn invitees of the risk.

The jury awarded $20 million, apportioning liability at 50 percent to the defendants and 50 percent to the perpetrators. A motion for new trial is reportedly pending.

Citation: Kirschenbaum v. JAMCO Props., Inc., No. 2015CV00848E (Ga. St. Ct. Clayton Cnty. Sept. 8, 2016).

Plaintiff counsel: AAJ member Alan Hamilton, Jeff P. Shiver, Daniel Beer, Darren Summerville, Mecca Anderson, and Angela Fox, all of Atlanta.