Nathaniel Polite v. Double View Ventures, LLC and Westdale Asset Managment, Ltd., Dekalb County State Court, Civil Action File No. 09A05619-4
Nathan Polite was shot during an attempted armed robbery on a path from this apartment complex to a Chevron Convenience Store. Mr. Polite was rendered a ASIA Stage C Paraplegic. The apartment management had cut a hole in the fence behind the Chevron Convenience Store so residents from the apartment complex could travel via the path to the convenience store. The security guards hired by the apartment complex told the apartment management the gate should be shut because non-residents were entering the property. The apartment management ignored these warnings.
A prior apartment manager though did recommend iron fencing to match the iron fencing along the border of the propertyo. A regional apartment management officer of the apartment management company rejected the apartment manager request for iron fencing.
There were three armed robberies in the month before the attempted robbery of Nathan Polite. One occurred near the front of the property, one occurred on this same path and another occurred on a nearby trail. The victim of each attack notified apartment management of the armed robbery. Apartment policies required notification of these armed robberies to their apartment residents. No notices in fact were given to residents of these armed robberies. Thus they did not know to protect themselves.
The jury initially returned a verdict for $5.4 million and assigned 16% of the blame to Nathan Polite, thereby reducing the verdict to $4.6 million. The Georgia Court of Appeals overturned the verdict because Chevron Convenience Store should have been on the Verdict form. The parties later settled the case for a confidential amount.
Premises Liability - Deck Collapse
Client's left foot separated from leg bone when she walked on a deck and the deck pulled away from the home. She fell 10' to the ground. The deck then fell on her left leg. She was hospitalized for 22 days; doctors re attached her left foot. The defendants failed to properly inspect and repair or warn of the rotted deck. Client incurred $153,410.21 in medical bills. She lost $35,026.50 in wages. Her left ankle has no movement. Settled with one defendant for its policy limits, $1,000,000.00. $2,575,000.00 jury verdict against the remaining defendant. Metro Atlanta.
Premises Liability - Inadequate Security
Client robbed, shot and killed while getting his mail at his apartment mailbox late at night. Several prior robberies - both armed and by force - in the apartment common areas in the past 2 years, two in the past 63 days. Widow brought wrongful death action for herself and children and for her husband's pain and suffering. Settled, just before trial for $1,325,000.00. Metro Atlanta.
Client raped inside her apartment after criminal kicked in her apartment front door. In preceeding 23 days, 8 front door kick ins at this apartment complex. The apartment's security consultant two years earlier had recommended proper installation of striker plates on apartment front doors - with three inch srews. Apartment owner/manager failed to follow his advice. Settled before trial for $550,000.00.
Client shot through face by unknown assailants in parking lot of apartment complex. He underwent several surgeries and incurred $183,483.00 in medical bills. No prior violent crimes at this apartment complex. Dekalb State Court. Settled $500,000.00.
Client pistol whipped and shot through femur by unknown assailant in common area of apartment complex. He underwent two surgeries and incurred $36,534.16 in medical bills and was out of work for three and a half months. He lost $11,244.00 in wages. Fulton State Court. Settled $400,000.00.
Auto and Truck
When another driver swerved into her lane and hit her, client lost control of her truck; the truck hit the median wall andflipped. Client ejected onto freeway. She suffered a head injury and injury to her rright arm as well as road burn. She lost partial use of her right arm and hand. She incurred $68,053.7 in medical bills. At fault driver sped away and never found. Uninsured motorist carrier paid its policy limits of $100,000.00. Metro Atlanta
Tractor trailer wreck. Tractor trailer rear ends car at slow speed in Atlanta morning traffic. Female car driver suffers disk herniation and undergoes anterior cervical fusion at C5-C6. Medical bills $43,954.69, lost wages $51,939.19. At trial the defendant admits liability. Case settles at trial for $350,000.00, Clayton State Court. Client had three prior neck injuries and one prior lawsuit for neck injuries.
Wrongful death claim by heir and administratrix of deceased, who was a passenger in a car crash. Settled: $125,000.00, policy limits of drivers of both cars.
Truck crossed center line and struck client's truck and horse trailer, forcing client's truck down an embankment. Client suffered injuries to her neck, back, elbow and forearm. Forsyth State Court. Medical bills in excess of $29,000.00. Settled for $100,000.00, policy limits.
Automobile crash. Defendant ran red traffic light and crashed into client. He suffered a brain injury and died 31 days later at Grady Hospital. Defendant settles for its policy limits of $100,000.00.
Minor child suffered head injury when automobile driver pulled out of parking space with child sitting on trunk of automobile and child fell off. Medical bills incurred in excess of $30,000.00. Settled for $75,000.00, policy limits.
Property and Business
Business tort (fraud) on behalf of Plaintiff. U. S. District Court. Jury Verdict: $1,700,000.00.
Surface water trespass against power company. Fulton County Superior Court. Settled: $180,000.00.
Trespass of commercial tower crane over private residence. U. S. District Court. Settled: $100,000.00.