Atlanta Firm Notches Defense Win in Premises Liability Case Involving Boy’s Death

Featured in the Daily Report was a defense win for Weinberg Wheeler Hudgins Gunn & Dial partner Jad Dial and associate Shanndor “Dora” McClain after successfully defending an apartment complex’s management company in a premises liability lawsuit filed by the mother of a boy killed in an accidental shooting incident.

The plaintiffs claimed that the boy’s death, which occurred after he and three other boys were playing with a gun that discharged at a neighbor’s house in an Atlanta apartment complex, was the responsibility of the apartment complex because it had a history of gun-related incidents.

Dial and McClain showed that the history of shootings was not related to this particular incident, instead focusing on the facts relevant to the shooting and not necessarily the history of the property.

Plaintiff's last demand before trial was $26 million. Defendants' last offer before trial was $6 million. The jury ultimately returned a complete defense verdict, absolving the defendants of any liability.

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