Lawyers in a closely-watched premises liability case were before the Georgia Supreme Court Thursday asking the justices to decide whether Georgia’s anti-gang statute—which entitles a plaintiff to treble damages if a defendants is adjudged to be liable for its violation—applies to third-party property owners who are not themselves accused of any criminal activity. 

The appeal comes after a trial judge and the Court of Appeals each said the act clearly allows a jury to decide whether such an award is warranted, although two of the three lower appellate judges indicated they were troubled by the implications of the decision.

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