A Fulton County jury delivered a post-apportionment award of more than $1.1 million to a passenger in a car who was shot in a gas station shootout as the driver peeled away.

The jury awarded more than $1.7 million, but allocated 66 percent of the blame to the gas station's operator, splitting the remaining liability between the unidentified shooter and the driver, who was not a party to the case.

Plaintiffs attorney Michael Rafi said the suit formerly targeted two defendants: the station's landlord and operator, who were “essentially the same guy.”

“We had a mediation and settled with the landlord for a confidential amount,” said Rafi, describing the contrasting strategies as a “case study in how different insurers handle things.”

The highest pretrial offer to settle was for $50,000, said Rafi, who tried the case with Rafi Law Firm associate Matt Hurst.

Because the defense turned down an offer to settle for $150,000 in June, Rafi will seek attorneys' fees pursuant to Georgia's Offer of Judgment statute. Under that law, a party that declines a settlement offer and then loses at trial by at least 25 percent more than the rejected offer may be required to pay the other side's fees from the date of the offer.

The gas station's operator, Khalia Inc., was represented by Glenn Bass and Molly Moyer of Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus. They were not immediately available for comment.

According to Rafi and court filings, plaintiff Daniel Rosebud, was sitting in a car at a gas station and convenience store on Fairburn Road in southwest Atlanta on the afternoon of Nov. 1, 2015. Rosebud, then 25, served as “sort of a mentor” to the car's driver, Duntavius Miles, who was then about 18, Rafi said.

Surveillance video showed “a bunch of guys hanging out at the station for 25 minutes or so,” he said. Rosebud stayed in the car while Miles went in to pay for gas, high-fiving one of the men as he went in.

When Miles returned, one of the men approached and spoke with Miles as he sat in the car. Rosebud “said he was kind of dozing off and not paying much attention,” said Rafi. After about three minutes, the unidentified man “steps back and starts shooting,” Rafi said.

Miles pulled out his own gun and fired back, shooting through the window as he sped out of the station onto Benjamin E. Mays Drive. An approaching train blocked the road, and Rosebud began shouting “I'm shot! I'm shot!” as Miles jumped out of the car and fled on foot, Rafi said.

Rosebud managed to stumble down the tracks to a stack of railroad ties, where he hid and called 911. Rosebud underwent surgery at Grady Memorial Hospital to remove a bullet from his abdomen. He spent several days at Grady and accrued more than $105,000 in medical bills.

“He essentially recovered,” said Rafi, but doctors removed a small section of his small intestine, and Rosebud still has gastric problems and difficulty digesting meat.

Miles was ultimately charged with reckless endangerment, which the jury did not hear, Rafi said. The other shooter was never caught.

Rosebud sued the owner of the strip shopping center housing the station, Shaayan, Sahil & Asad Brothers and Khalia in Fulton County State Court last year. The owners settled out in July after a mediation before M. Gino Brogdon Sr. of Henning Mediation & Arbitration Services.

Trial began against Khalia on Oct. 2 before Chief Judge Diane Bessen.

“A lot of interesting stuff came about that gas station,” said Rafi, including evidence of two prior shootings, one of which was three days before Rosebud's.

There was also a witness problem, Rafi said. All of the station's employees were deposed in English, but at trial all but one testified in their native south Asian languages through interpreters.

“At trial, they all testified that their depositions were wrong because they were deposed in English.”

He said another employee working the day of the shooting submitted an affidavit saying a group of armed men regularly hung out at the store selling drugs “and everyone knew it, but he recanted on the stand.”

Plaintiff's witnesses included two Atlanta police officers, one of whom said he warned people about hanging around the station and another who testified that Rosebud was a “completely innocent  victim.”

During closing arguments, Rafi said he suggested the jury award between $1.5 million and $2.5 million in damages.

On Oct. 5, after nearly six hours of deliberations, Rafi said the jury awarded $1,718,367 in total damages. Khalia's share comes out to $1,134,122.

Rafi said jurors told him afterward that the defense witnesses' credibility played a large part, “but they really focused on Dan's injuries in terms of the damages award.”

A Fulton County jury delivered a post-apportionment award of more than $1.1 million to a passenger in a car who was shot in a gas station shootout as the driver peeled away.

The jury awarded more than $1.7 million, but allocated 66 percent of the blame to the gas station's operator, splitting the remaining liability between the unidentified shooter and the driver, who was not a party to the case.

Plaintiffs attorney Michael Rafi said the suit formerly targeted two defendants: the station's landlord and operator, who were “essentially the same guy.”

“We had a mediation and settled with the landlord for a confidential amount,” said Rafi, describing the contrasting strategies as a “case study in how different insurers handle things.”

The highest pretrial offer to settle was for $50,000, said Rafi, who tried the case with Rafi Law Firm associate Matt Hurst.

Because the defense turned down an offer to settle for $150,000 in June, Rafi will seek attorneys' fees pursuant to Georgia's Offer of Judgment statute. Under that law, a party that declines a settlement offer and then loses at trial by at least 25 percent more than the rejected offer may be required to pay the other side's fees from the date of the offer.

The gas station's operator, Khalia Inc., was represented by Glenn Bass and Molly Moyer of Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus. They were not immediately available for comment.

According to Rafi and court filings, plaintiff Daniel Rosebud, was sitting in a car at a gas station and convenience store on Fairburn Road in southwest Atlanta on the afternoon of Nov. 1, 2015. Rosebud, then 25, served as “sort of a mentor” to the car's driver, Duntavius Miles, who was then about 18, Rafi said.

Surveillance video showed “a bunch of guys hanging out at the station for 25 minutes or so,” he said. Rosebud stayed in the car while Miles went in to pay for gas, high-fiving one of the men as he went in.

When Miles returned, one of the men approached and spoke with Miles as he sat in the car. Rosebud “said he was kind of dozing off and not paying much attention,” said Rafi. After about three minutes, the unidentified man “steps back and starts shooting,” Rafi said.

Miles pulled out his own gun and fired back, shooting through the window as he sped out of the station onto Benjamin E. Mays Drive. An approaching train blocked the road, and Rosebud began shouting “I'm shot! I'm shot!” as Miles jumped out of the car and fled on foot, Rafi said.

Rosebud managed to stumble down the tracks to a stack of railroad ties, where he hid and called 911. Rosebud underwent surgery at Grady Memorial Hospital to remove a bullet from his abdomen. He spent several days at Grady and accrued more than $105,000 in medical bills.

“He essentially recovered,” said Rafi, but doctors removed a small section of his small intestine, and Rosebud still has gastric problems and difficulty digesting meat.

Miles was ultimately charged with reckless endangerment, which the jury did not hear, Rafi said. The other shooter was never caught.

Rosebud sued the owner of the strip shopping center housing the station, Shaayan, Sahil & Asad Brothers and Khalia in Fulton County State Court last year. The owners settled out in July after a mediation before M. Gino Brogdon Sr. of Henning Mediation & Arbitration Services.

Trial began against Khalia on Oct. 2 before Chief Judge Diane Bessen.

“A lot of interesting stuff came about that gas station,” said Rafi, including evidence of two prior shootings, one of which was three days before Rosebud's.

There was also a witness problem, Rafi said. All of the station's employees were deposed in English, but at trial all but one testified in their native south Asian languages through interpreters.

“At trial, they all testified that their depositions were wrong because they were deposed in English.”

He said another employee working the day of the shooting submitted an affidavit saying a group of armed men regularly hung out at the store selling drugs “and everyone knew it, but he recanted on the stand.”

Plaintiff's witnesses included two Atlanta police officers, one of whom said he warned people about hanging around the station and another who testified that Rosebud was a “completely innocent  victim.”

During closing arguments, Rafi said he suggested the jury award between $1.5 million and $2.5 million in damages.

On Oct. 5, after nearly six hours of deliberations, Rafi said the jury awarded $1,718,367 in total damages. Khalia's share comes out to $1,134,122.

Rafi said jurors told him afterward that the defense witnesses' credibility played a large part, “but they really focused on Dan's injuries in terms of the damages award.”