Trial Magazine

LaSheldon Kernard Stanford, 20, went out with his aunt and several other friends and family members. During the course of the evening, the group ended up at “Brick City,” in Albany, Ga. It was their first visit to the premises, and they were unaware that the business had no liquor license and was operating illegally as a nightclub.

A gang member approached Stanford on the dance floor and, moments later, about 15 to 20 other gang members began attacking him without provocation. After security escorted Stanford outside, the attack continued in the parking lot. One gang member drew a gun and shot ­Stanford six times. He died at the scene and is survived by his parents.

Stanford’s parents sued Brick House Productions, which operated the premises; the company’s owners; and the city of Albany. The plaintiffs alleged that the business failed to provide adequate security and that the premises constituted a public nuisance. Evidence showed that although Brick House was licensed as a recording studio, it had only one piece of equipment and had never operated as a studio. Instead, the plaintiffs asserted, the premises operated illegally as a nightclub that was plagued by underage drinking, violent crime, and drug use. The premises’ owners failed to appear, and the court entered a default judgement against them.

At trial against the city on the nuisance claim, the plaintiffs showed that the business had been cited numerous times for underage drinking, narcotics use, and weapons violations, and that the city knew the premises were the site of criminal activity—including gang activity and assaults. The plaintiffs presented evidence that police began receiving complaints about fights almost immediately after the business opened in September 2007. From that time until Stanford’s murder in February 2010, the police had received 44 calls—at least half of which involved violence.

Other evidence showed that police had received complaints that teens at a federally funded job corps program adjacent to the property were crossing a fence between the two properties and returning intoxicated. Two raids in early 2008 revealed a fully stocked bar, illegal drugs, and weapons on the premises. In June 2008, the city’s code enforcement ­department filed a written complaint to start the process of revoking Brick House’s business license. The hearing was continued after the district attorney’s office said that it wanted to initiate a broader, multi-agency investigation. In the months that followed, the drug sales, aggravated assaults, gang violence, and other criminal activity escalated.

Just two days before Stanford was killed, the defendants’ business license was renewed. The city finally revoked Brick House’s license two weeks after ­Stanford’s death.

The city denied liability, arguing, among other things, that the defendants’ license was not revoked sooner because the district attorney’s office was still investigating. The district attorney testified that although his office was engaged in an undercover operation, he had merely called for a halt on additional raids and had never asked the city not to revoke the defendants’ license.

The jury found the city 70 percent liable, allocating the remaining fault at 13 percent to the nonparty shooter, 10 percent to the business owners, and 7 percent to other nonparty assailants. The jury then awarded $15.2 million. After allocation of fault, the award totaled $10.64 million. The city reportedly plans to appeal.

Citation: Stanford v. City of Albany, No. 11-CV2740-3 (Ga. Super. Ct. Dougherty Cnty. Oct. 12, 2016).

Plaintiff counsel: AAJ members Virgil L. Adams, D. James Jordan, and Caroline W. Herrington, all of Macon, Ga.