Joe Perrotta and the trial team in Cipriani & Werner’s Atlanta offices secured a full defense verdict in a high-exposure premises liability claim litigated in Fulton County Superior Court on behalf of an insured client.
The litigation involved allegations of a breach of duty owed to the plaintiff through negligent security at a gas station located in the Atlanta metro area. The plaintiff contended an unknown assailant set him on fire on the premises one evening without clear motive, causing a lengthy hospital stay for treatment of significant burns covering most of his body. The burns, he contended, resulted in significant, life altering physical disability along with substantial medical bills for physical therapy, care and multiple skin grafts.
The defense contended there was no duty owed to the plaintiff as there was no evidence there was an assailant, and the injuries were caused by the plaintiff through personal acts. Witnesses, including the responding police officer, were produced at trial demonstrating the plaintiff caused his injuries by igniting a combustible item while handling a small container of gasoline. Additional video evidence from a neighboring business was introduced at trial over the objections of the plaintiff. Once submitted after an attempt to suppress through a Motion in Limine filed by the plaintiff’s counsel, the defense was further strengthened.
After a four-day trial involving multiple witnesses, along with video of the incident, the jury tendered a defense verdict on Friday, October 23, 2026. In addition to affirming the decision of the jury, the Court awarded trial costs to the defense in the judgment issued post-trial on Monday October 26, 2026.
If you have any questions about this case, or any premises liability matter, please contact Joseph D. Perrotta at jperrotta@c-wlaw.com or by phone at (470) 740-4100.