National Verdicts

Plaintiff(s):

Rodriguez Price (Male, 20s)

Plaintiff Attorney(s):

Mark E. Murray;
The Murray Law Firm, LLC;
Atlanta,
GA,
for
Rodriguez Price ■ Chuck Clay Jr.;
Chuck Clay & Associates;
Atlanta,
GA,
for
Rodriguez Price

Plaintiff Expert(s):

John Villines; Security/Premises Liability; Cleveland,
GA called by:
Chuck Clay Jr.

Defendant(s):

Hammond TSO LP, 

Tailfeathers LLC

Defense Attorney(s):

Deborah C. Tarkington;
Law Offices of James C. McLaughlin;
Atlanta,
GA,
for
Hammond TSO LP ■ None reported;

for
Tailfeathers LLC

Insurer(s):

Liberty Mutual Insurance Co. for Hammond TSO LP

On the evening of Oct. 14, 2013, plaintiff Rodriguez Price, 20s, a college student and part-time forklift operator, was visiting Tailfeathers Restaurant & Piano Bar at 5975 Roswell Road in Sandy Springs. Price was visiting the restaurant because his girlfriend was working at a promoted party occurring on the premises. While inside, Price watched a customer physically harass his girlfriend’s sister. Price confronted the customer and a physical altercation developed. Price and the customer were removed from the premises. Later that evening, Price and several friends were walking through the parking lot. The customer reappeared in front of Price with a handgun and opened fire. Price was shot in the abdomen, left arm and left leg. The shooter fled the scene, but was later apprehended out of state. Price sued Tailfeathers Restaurant and shopping center owner Hammond TSO LP for negligence. Price alleged that the failure to provide adequate on-site security enabled the shooting. Price specifically alleged that Hammond TSO, pursuant to the terms of Tailfeathers‘ lease agreement, should have ensured there was security personnel patrolling the parking lot. Price noted that the only security at the scene was an off-duty police officer stationed by the door of the restaurant. Price’s retained security expert provided deposition testimony. After analyzing the history of crime in the nearby area and the nature of the promotional event held at Tailfeathers, he concluded that more security should have been present. Tailfeathers LLC failed to respond to the complaint and was ultimately found in default at the time of Price’s eventual settlement with Hammond TSO. Counsel for Price did not seek a default judgment against Tailfeathers LLC after a review of the financial assets. Hammond TSO denied liability. Hammond TSO maintained that it had no notice of any special event held at the restaurant and argued that further security was the responsibility of the tenant. Hammond TSO argued that the shopping center was a safe area and that an officer with arrest powers had been at the scene. Hammond TSO also argued that the shooter’s actions were unexpected and could not have been prevented. The property manager of the shopping center provided deposition testimony. She related that she was unaware that the restaurant was holding special events and acknowledged that the shopping center would have required more security if she had known. The principal employee of a valet parking provider for the event was also deposed. He testified that he had been working at the event in question. He stated that the property owner was aware that these kinds of events had been held at the restaurant, citing complaints to the property management company from an earlier event. Price entered into evidence an affidavit from the valet parking provider’s commercial liability insurer. The affidavit noted that Hammond TSO was added as an additional insured prior to the shooting. Price argued that this showed that Hammond TSO must have had prior notice of special events taking place.

Price was taken by ambulance to North Fulton Hospital, where he was hospitalized for a week. Price was treated for three gunshot wounds. Although the bullets did not strike any major organs, Price was diagnosed with a tibial fracture in his left leg. He required surgery with open reduction and internal fixation. Following his release, Price underwent physical therapy centered on his left leg. He was unable to return to school for a three-week period. He also claimed he was unable to work at his part-time job for 39 weeks, resulting in approximately $15,000 in lost wages. Price complained of scarring from his gunshot wounds, as well as some residual left leg stiffness. He also claimed he suffered from emotional distress, which has since resolved. Price claimed $113,000 in past medical expenses. Damages were not in dispute.

Following the conclusion of discovery, the parties agreed to a $350,000 settlement. The settlement was paid from within the limits of Hammond TSO’s $1 million policy with Liberty Mutual Insurance Co.

Judge:

Myra H. Dixon

This report is based on information that was provided by plaintiff’s and defense counsel.