GFI Management Services, Inc. v. Medina
GFI Management Services, Inc. v. Medina
Opinion of the Court
On October 9, 2007, appellee Terence Medina was shot in his leg while walking in a DeKalb County apartment complex managed by
While GFI’s appeal was pending, this Court decided Couch v. Red Roof Inns, 291 Ga. 359, 361 (729 SE2d 378) (2012). In Couch, we concluded that
OCGA § 51-12-33 does not conflict with OCGA § 51-12-31, a statute which expressly does not apply where OCGA § 51-12-33 applies. Indeed, OCGA § 51-12-31 expressly provides that, “[e]xcept as provided in Code Section 51-12-33, where an action is brought jointly against several persons, the plaintiff may recover damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury.”
Id. at 367 (citing McReynolds v. Krebs, 290 Ga. 850 (725 SE2d 584) (2012)). In Couch, we further held that jury instructions or special verdict forms which require a jury to apportion damages between a property owner and the criminal assailant pursuant to OCGA § 51-12-33 do not violate a plaintiff’s constitutional right to due process or right to equal protection under the law. Id. at 365-367. Accordingly, in light of our decision in Couch, the trial court’s decision granting
Judgment reversed.
Currently, GFI is the only named party-defendant remaining in the case.f
Since the trial court did not make a ruling as to whether there is sufficient evidence in this case to support a rational apportionment of damages, we decline to make such ruling as urged by appellee in his hriefing on appeal.
Reference
- Full Case Name
- GFI MANAGEMENT SERVICES, INC. v. MEDINA
- Cited By
- 8 cases
- Status
- Published