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Six Flags Over Georgia v. Martin

The trial court erred in granting the plaintiff's motion in limine preventing the defendants from arguing and seeking apportionment of damages in a premises liability action, since "fault" as used in O.C.G.A. § 51-12-33 encompasses intentional torts.

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We granted an interlocutory appeal in this case to consider whether the trial court erred by granting a motion in limine preventing defendants from arguing and seeking an apportionment of damages under OCGA § 51-12-33. In light of the Supreme Court of Georgia’s recent opinion in Couch v. Red Roof Inns, 291 Ga. 359 729 SE2d 378 2012, we reverse.

The record shows that Joshua Martin was assaulted by four individuals1 at a Cobb County Transit bus stop located near Six Flags over Georgia. Martin subsequently filed a complaint for his injuries against these four individuals, Six Flags Over Georgia II, LP, SFOG II, Inc., SFG-II, LLC, Six Flags over Georgia, LLC, collectively “Six Flags”, and Midtown Lanier Parking, Inc. “Lanier Parking”. Martin alleged that Six Flags and Lanier Parking negligently failed to provide adequate security and negligently failed to keep their premises safe. He also asserted that the four individuals assaulted and battered him and that as a result of their action and the inaction of Six Flags and Lanier Parking, he suffered damages.

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