Mercedes-Benz Stadium. (Photo: John Disney/ALM) Ga. Appeals Court Rules Stadium Can't Be Sued, but Lawsuit Over Brawl at Venue May Proceed
The court said the doctrine of assumption of the risk did not eliminate liability on the part of individual defendants allegedly involved in a fight.
March 08, 2024 at 04:02 PM
5 minute read
What You Need to Know
- After a football game attendee got pulled into a fight at the stadium, she sued the venue, the security company and the fight instigators.
- Now the Georgia Court of Appeals has upheld summary judgment in favor of the venue and its security, effectively dismissing them from the case.
- However, although the fight instigators used the same argument to defend their summary judgment, the intermediate court reversed it, sending their case back to trial court.
The Georgia Court of Appeals recently ruled unanimously to uphold a Gwinnett County trial court ruling granting summary judgment in favor of downtown Atlanta's Mercedes-Benz Stadium and its security company concerning claims that their negligence led to a college football game fan getting pulled into and injured during a fight.
However, the intermediate court also reversed summary judgment in favor of the individual mdefendants who allegedly started the fight, though their argument was also based on assumption of risk, illustrating how the same argument can have very different outcomes depending on whether it is dealing with a negligence claim or an intentional tort, like assault and battery.
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