Summary: An attack outside the theme park is causing the park and the plaintiff to argue over what surrounding area the park is legally responsible for.
A Cobb County jury awarded gang victim Joshua Martin $35 million. Martin was attacked in 2007 by a gang while he waited at a bus stop outside the Six Flag’s entrance. Six Flags Over Georgia is appealing the verdict.
The original lawsuit by Martin accused the theme park and four employees of being responsible for the attack. The four employees were previously convicted of crimes stemming from the attack. They are responsible for paying 2 percent each of the total awarded amount, leaving Six Flags Over Georgia to pay the remaining $32.2 million.
Six Flags is fighting the verdict because the attack happened away from the park, not on their property so they had no control over the attack. Attorney for Six Flags, Laurie Webb Daniel, argues that the verdict goes against principles of premises liability law.
The area around the theme park is known for crime and gang activity. That day inside the park, the group of attackers had been harassing two families but security did not make them leave the park. The group then followed Martin and his friends, at the park celebrating a friend’s acceptance into college, outside the park to the bus stop where they were jumped. One attacker admitted to beating Martin with brass knuckles. He was beaten so badly during the attack that he went into a coma and ended up with permanent brain damage.
The case was fought as a premise liability case with the key arguments focused on what responsibility Six Flags has to protect surrounding property that legally is not theirs. The property is owned by Midtown Lanier Parking, of which Martin settled with before trial.
Martin’s trial team was comprised of lawyers from Deitch & Gilbert and Michael Neff
Six Flags was defended by Carlock Copeland & Stair. Their appellate lawyers is Laurie Webb Daniel of Holland & Knight.
Source: http://www.dailyreportonline.com/id=1202732348029
Photo: themeparkuniversity.com