On March 29, 2004, Carlos Vega and his brother, Leodegario, were shot inside a bar and restaurant owned by La Movida, Inc. Seeking to recover damages for injuries they sustained in the shooting, the Vegas sued La Movida, alleging that it negligently failed to provide adequate security inside the bar. The case went to trial and the jury returned a defense verdict. The Vegas appeal the judgment, asserting that the trial court erred in excluding evidence of prior criminal activity near the bar; in allowing La Movida to allege that a prior relationship existed between the shooter, Juan Aguirre, and the Vegas; in allowing La Movida’s counsel to make improper remarks in closing; and in failing to prohibit La Movida from arguing that the shooter was solely responsible for the Vegas’ injuries. Finding no error, we affirm. Viewed in the light most favorable to the verdict,1 the record reflects that Carlos and Leodegario Vega, along with their brothers Fredi and Huber, were patronizing La Movida on the night of March 29, 2004. Carlos and Leodegario had frequented this bar on several prior occasions, and on this occasion, as on the earlier ones, upon entry they were patted down for weapons at the door by the two security guards stationed there by La Movida for that purpose. Sometime after 12:30 a.m., the brothers got into an altercation with Juan Aguirre, another customer. About five minutes into this dispute, Aguirre pulled a pistol from the waistband of his pants. Until that moment, this pistol had been concealed by Aguirre’s shirttail. Aguirre immediately attempted to fire the weapon at Leodegario, but it misfired. Another customer, Misael Hernandez, attempted to disarm Aguirre, and Aguirre shot him in the arm. Carlos jumped on Aguirre and both fell to the floor; Aguirre shot Carlos as Carlos attempted to get up. Aguirre then shot Leodegario when he attempted to flee.
1. In their first enumeration of error, the Vegas argue more than one error. They challenge the trial court’s exclusion of evidence of certain prior criminal acts; they argue that the trial court abused its discretion in failing to grant their motion for mistrial; and they contend that the trial court erred in failing to give certain jury charges they requested. OCGA § 5-6-40, however, requires that enumerations of error “shall set out separately each error relied upon.” Thus,when an appellant argues more than one error within a single enumeration, this Court in its discretion may elect to review none of the errors so enumerated or elect to review any one or more of the several assertions of error contained within the single enumeration and treat the remaining assertions of error therein as abandoned.2We exercise our discretion to address these arguments.
