$1.72 Million Verdict Against Atlanta Gas Station for Negligent Security After Patron Shot in Crossfire

On November 1, 2015, Daniel Rosebud, 27, was in the passenger seat of a parked car outside a convenience store at 490 Fairburn Road in southwest Atlanta. His friend had gone inside. While Rosebud waited, a confrontation broke out between his friend and another man inside the store. Gunfire erupted, and stray bullets struck Rosebud in the abdomen. He was hospitalized for a week and spent four months recovering, accumulating more than $105,000 in medical bills.

Rosebud retained Michael Rafi to pursue a negligent security claim against Khalia, Inc., the company that owned and operated the convenience store. The case centered on what the owner knew, or should have known, about violence at the location. Evidence introduced at trial showed a shooting had occurred at the same address about five and a half months earlier, and another had taken place just three days before Rosebud was hurt. Customers, employees, and police had reportedly warned the owner that dangerous individuals frequented the premises.

At trial, Rafi argued the store failed to put in place reasonable security measures in light of that documented history. The jury agreed. It found Khalia, Inc. 66% at fault, assigning 17% each to the two men involved in the gunfight. Total damages were set at $1,718,367.46, making Khalia's share of the judgment roughly $1.13 million.

Khalia, Inc. appealed, contesting both liability and the jury's apportionment. The Georgia Court of Appeals, in a published decision issued December 6, 2019, affirmed the trial court's judgment in full. The court found the evidence sufficient to support the verdict and declined to disturb the damages award.