In Case No. A15A0828, Six Flags Over Georgia II, L.P. “Six Flags” appeals a jury verdict in favor of Joshua Martin, who sued Six Flags under a premises-liability theory after sustaining serious injuries when he was viciously attacked by gang members at a nearby bus stop that he used to access its park. On appeal, Six Flags argues that the jury’s verdict must be reversed because the attack on Martin occurred outside of its “premises and approaches” as defined in OCGA § 51-3-1, there was insufficient evidence to show that Six Flags’s negligence was the proximate cause of Martin’s injuries, and the trial court erred by denying its request to include some of Martin’s assailants on the verdict form for apportionment of fault. Martin cross-appeals, in Case No. A15A0829, arguing that the trial court erred by failing to give one of his requested jury instructions and by denying his request to enter judgment against Six Flags as of the verdict date, which deprived him of post-judgment interest. For the reasons set forth infra, we hold that the evidence was sufficient to support the jury’s verdict, but we nevertheless reverse the verdict and remand the case for a new trial because the trial court erred in denying Six Flags’s apportionment request. And because this case must be retried, we dismiss Martin’s cross-appeal as moot.
Viewing the evidence with every inference and presumption in favor of upholding the verdict,1 the record shows that Six Flags is located in a well-known, high-crime area, which has been the site of numerous instances of criminal gang activity. Six Flags was aware of criminal gang activity within its park, and among its employees, but discouraged its employees from discussing the issue. Indeed, in the years preceding Martin’s attack, there had been instances of criminal activity inside the park that “spilled over” to outside the park. Eddie Herman, a former Cobb County police officer who worked closely with Six Flags for almost 30 years, testified that the risk of criminal activity was greatest at closing time when Six Flags’s customers were funneled into parking lots and nearby bus stops, which he described as “hot spots.” Nevertheless, Six Flags invited its customers to use nearby bus stops, including the Cobb County Transit “CCT” bus stop, and considered the stops good for business.
