Georgia juries have awarded whopping verdicts in the tens of millions of dollars against shopping center owners when third parties have assaulted visitors. Notice to the property owners of dangerous conditions and prior assaults have been enough for juries to hold the defendants liable for plaintiffs' injuries. In one case against CVS, the verdict, upheld by the Georgia Court of Appeals, was over $42 million. The Supreme Court of Georgia will now review that judgment, as well as a companion case involving claims against a restaurant and security service, to settle whether the issue of foreseeability of injury is a matter for the judge (and therefore subject to summary judgment) or the jury.
At stake may be Georgia's reputation as a "judicial hellhole."
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