Johnson v. Atlanta Housing Auth.

Landlord was not liable for tenant's being shot while sitting on a bench outside his apartment building, because tenant was aware of the danger of sitting on that bench at night and he failed to pay attention to the shooter who walked past him several times.

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Willie Cleve Johnson sued the Atlanta Housing Authority after he was shot while sitting on a bench outside the AHA apartment building in which he lived. Johnson alleged that AHA failed to provide reasonable means of safety and security to protect its tenants from third-party criminal acts. The trial court granted summary judgment to AHA, and Johnson appeals. We affirm.

Construed in the light most favorable to Johnson, the record shows that Johnson was shot at approximately 10:30 p. m. as he sat on a bench in front of the Roosevelt House, an AHA apartment located on Techwood Drive in Atlanta, where he lived. The bench was adjacent to a bus stop on Techwood Drive and had been installed so that apartment residents would have a place to sit while waiting for the bus. Johnson was on his way out to buy cigarettes when he stopped to talk with Anthony Pitts, another Roosevelt House resident. Johnson said they had been talking for about ten minutes before he was shot. Earlier, they had noticed a man walking past them. The first time the man passed them, Pitts noticed he was dripping with sweat even though it was a cool night, and he mentioned something to Johnson about it. Johnson testified that he did not remember whether Pitts had said anything or not. He said he saw the man but that he did not pay much attention to him. The man turned around and passed them again on his way up to the street corner. Neither Pitts nor Johnson paid any further attention to him until Pitts saw the man coming toward them with a gun in his hand. Pitts told Johnson that the man had a gun, and Pitts got up and ran to the door. Johnson stayed on the bench and the man walked up to him. Johnson says the man asked him if he knew a particular person who lived in the building. When Johnson said “no” the man called him a liar and shot him.

Johnson v. Atlanta Housing Auth.

Landlord was not liable for tenant's being shot while sitting on a bench outside his apartment building, because tenant was aware of the danger of sitting on that bench at night and he failed to pay attention to the shooter who walked past him several times.

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