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Garrett v. Wallace Oil Co.

The defending oil company was not vicariously liable for the decedent's shooting death at a gas station, which the defendant had not right to operate or control.

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Willie Lee Garrett, individually and as administrator of the Estate of Marchello Tyree Garrett, filed a wrongful death action against Wallace Oil Company and Viral Patel, asserting claims arising out of the shooting death of his son. Garrett appeals from the trial court’s grant of summary judgment to Wallace Oil on Garrett’s claims. He also appeals from the trial court’s denial of his cross-motion for partial summary judgment on the issue of Wallace Oil’s duties and the alleged breach of those duties. Marchello Garrett was shot to death on the premises of a Texaco gas station located on Flat Shoals Road in Atlanta on February 16, 2000. At the time of his death, Marchello Garrett was standing outside an enclosed, converted car wash that was being used for storage at the station. The bullet that killed Marchello Garrett was fired from inside the storage building by Viral Patel, one of the owners and the acting manager of the station. Patel was inside the building, when he fired, and the bullet traveled through a plywood wall and struck Marchello Garrett in the head as he stood outside the wall.

At the time of the incident, Marchello Garrett had no weapon on his person, was not under the influence of drugs and alcohol, was not in the possession of any merchandise from the gas station, and had no record of any criminal conviction. Eyewitnesses to the incident stated that Marcel appeared to be urinating or attempting to urinate in a dark area outside the storage building at the time. The station did not have public restrooms.

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