Michael Harrison died on April 10, 2004, as a result of injuries sustained during a brawl at a Huddle House Restaurant in Toccoa. The fight began at a nearby billiard room, Straight Shooters, and migrated to Huddle House. Harrison’s estate and children sued Huddle House, Inc., and its franchisee collectively “Huddle House” for negligence, alleging Huddle House failed to keep its premises safe for invitees or warn them of the dangerous conditions. Huddle House in turn filed a third-party complaint against the City of Toccoa and the Toccoa City Commission collectively “the City”, for negligence in not closing Straight Shooters down before the date of the incident and in maintaining a nuisance by allowing the business to continue operating. The City moved for summary judgment, which the trial court denied. For the reasons which follow, we reverse the trial court’s judgment. The City licensed Straight Shooters as a game room on March 31, 2004, ten days before Harrison’s death, but the business had been operating off and on since January 2001. The City had issued an alcohol license to Straight Shooters in 2001, 2002 and 2003, but the 2004 family entertainment license expressly prohibited the sale of alcohol. The City’s police department received numerous calls regarding drunkeness and fights at Straight Shooters between August 7, 2003, and April 10, 2004, including times in which the establishment was unlicensed and allegedly closed. There is evidence that the City received reports that alcohol was being served or consumed illegally at Straight Shooters, and that the City took no action to shut down the establishment. There is also evidence that patrons of other nearby nightclubs commonly gathered at the Huddle House when the clubs closed at night.
Harrison went to Straight Shooters on the evening of April 10, 2004. At about 1:00 a.m., a large crowd gathered in the street in front of Straight Shooters. Police officers patrolling the area saw that an argument had broken out, and that people were pushing and shoving one another. No one had been injured. Officers ordered the crowd to disperse, and the participants seemed to comply. When the officers left, the fight resumed inside nearby Huddle House. Harrison was standing outside of the restaurant watching the fight, when the plate glass window broke and a shard of glass struck him in the leg, killing him.
