In 2007, Joshua Martin and his friends were waiting for a bus after exiting Six Flags when a group of gang members randomly selected them and began attacking them. The gang members included four Six Flags employees. Joshua suffered a traumatic brain injury as a result of the attack. The four employees involved in the beating were all named in the lawsuit in addition to having criminal charges filed against them. The jury found each of them to be responsible for 2 percent of the fault, or $700,000 each. They were all also either convicted of or pled guilty to the criminal charges. Six Flags was found to be 92 percent at fault as they were negligent in providing security outside of the park’s entrance. The company will pay $32.2 million in damages.
Attorneys for the plaintiff argued that Six Flags was responsible for securing the park’s entrance. The expectation of that was heightened even more so because there was “evidence that Six Flags tolerated its employees being in gangs and ignored the culture of violence on its property,” according to one of the attorneys. Prior to the beating Joshua suffered which resulted in his traumatic brain injury; there had been other violent incidents at or near the bus stop, including a drive-by shooting and gang activity.
Six Flags failed to addressed these violence on the property and instead argued that the property where the issues had occurred were outside of its property line. However, the jury agreed with the plaintiff’s attorney that Six Flags that there was negligent security since Georgia law requires that a company like Six Flags keep its premises and approaches safe, and that the park was responsible for the area as it is the only way to enter and exit the park’s property.
The trial lasted seven days and was heard in Cobb County, Georgia before Cobb County State Court Judge Kathryn Tanksley.
The Philadelphia personal injury lawyers at Messa & Associates are experienced at handling personal injury cases involving injuries including traumatic brain injuries as a result of negligent security. Our extremely skilled team of personal injury lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you have suffered a traumatic brain injury or another personal injury resulting from negligent security, contact the personal injury lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More