A DeKalb County judge refused to order a new trial in the case of a young man awarded nearly $70 million last year after being shot and paralyzed at a Moreland Avenue Kroger store but did shave more than $8 million off the judgment over what he deemed inflated future medical expenses.

Kroger, which had asked for a new trial or judgment despite the verdict, last week filed a notice that it will appeal the ruling by State Court Judge Wayne Purdom that left the lion's share of the award in place. 

The case began in 2015 when Laquan Taylor, then a 26-year-old Navy veteran, was accosted by two men in the Kroger parking lot who pulled a gun on him, took his wallet and the keys to his Camaro and shot him at least 11 times, leaving him for dead. 

The car was equipped with a tracking device, and police quickly arrested Victor Moore and Javon Ross, who are each serving 15-year sentences after pleading guilty to multiple charges.  

In April 2019, a jury awarded Taylor $81 million in damages, but it apportioned 14% of the fault to his assailants for a verdict against Kroger of $69,660,000.

The award included $60 million for Taylor's "pain and suffering, mental suffering, physical injury, inconvenience, and physical impairment in the past and into the future."

Lead plaintiffs attorney Pete Law said he understood Purdom's reasoning in reducing the amount for Taylor's future medical bills and was gratified the judge found the circumstances of Taylor's injuries justified the hefty verdict.

"Judge Purdom's order clearly said this was a case like no other," said Law, who represented Taylor at trial with Law & Moran colleagues E. Michael Moran, Brian Kaplan and Denise Hoying.  

Kroger was represented at trial by Weinberg Wheeler Hudgins Gunn & Dial partners Jonathan Krawcheck, Richard Hill II and Frederick Cooper IV.

After the trial, Kroger filed a motion for judgment notwithstanding the verdict or new trial or alternatively, remittitur—a court order lowering the amount granted by the jury—recruiting Holland & Knight partner Laurie Webb Daniel and associate Jonathan Spital to lead the effort.  

Taylor's team brought aboard Bondurant Mixson & Elmore partners Michael Terry and Naveen Ramachandrappa to fight the move.

In March, Terry and Daniel argued the motion before Purdom via Zoom.

Kroger contended among other things that the court had allowed in evidence of unrelated, dissimilar crimes and unrelated security measures at other stores and that improper "send a message" arguments were made during closing. 

"This patently excessive verdict obviously is the result of passion and prejudice, not the outcome of a fair trial," said the store's motion. 

It also challenged the award of $3.5 million in future lost wages and future medical expenses of $13 million as "unsupported by any evidence."  

In his June 17 order, Purdom wrote that based upon his past treatments and likely "repetitive" future treatments, Taylor's future medical bills would likely be no more than $3.5 million, and the jury's award was "against the weight of the evidence." He reduced them by $8.2 million.

The rest of the judgment was supported by the evidence, Purdom wrote, noting that the incident involved more than a simple "spinal cord injury case."

Taylor "was ambushed out of the blue while carrying out routine daily activities," Purdom wrote. 

"It was senseless—he had complied with the demands of the criminal without resistance. Thinking he was past the danger point he was shot in the back and then repeatedly shot again as he fled for his life and lay helpless on the ground, before being left for dead," the order reads. "In essence, he went through the experience of being the victim of a senseless murder, except somehow, due to expert medical intervention, he unexpectedly survived."

The formerly "healthy, fit, handsome, vibrant and outgoing young man" underwent multiple "grueling" surgeries, the judge wrote. His marriage ended, and the spinal cord injury that only "allows him to walk short distances with great difficulty using crutches and braces … is life-long," he said.     

Under the circumstances, he said, the jury's verdict "cannot be said to be excessive warranting a new trial."

On June 22 Taylor's counsel submitted a notice of acceptance of remittitur, and on July 6 Kroger filed its notice of appeal. 

Law said he would shortly be asking the court to order Kroger to post an appeal bond for $25 million, the statutory limit for such bonds under Georgia law. 

Daniel said via email that she did not have permission to discuss the case.

Law praised the counsel for both sides in handling the motions.

"Laurie Webb Daniel and Mike Terry are so professional; they really did a great job," he said. 

Taylor, he said "is doing about as would be expected. He suffers greatly every day, but he still has such a positive attitude."