North Carolina Lawyers Weekly Staff//September 13, 2024//
North Carolina Lawyers Weekly Staff//September 13, 2024//
Action: Settlement
Date: April 16, 2024
Date of incident: April 15, 2022
Nature of claim: Negligent security leading to personal injury
Injuries alleged: Multiple gunshot wounds, injuries from being run over by a vehicle and post-traumatic stress disorder
Amount: $15 million
Special or other damages:
Case name: Withheld
Case no: Withheld
Court: Withheld
Mediator: Ray Owens
Most helpful expert(s): Russell Kolins, security expert, Kolins Security Group; Heather Walker, M.D., physiatrist, Medical University of South Carolina Health Rehabilitation Hospital; Roger B. Moore Jr., Ph.D., clinical and forensic psychologist, Center for Psychological Wellness
Attorneys: James A. Roberts III and Matthew D. Quinn, of Lewis & Roberts, Raleigh, and Michael S. Petty, of Law Offices of Michael S. Petty, Raleigh (for the plaintiff)
Plaintiff, then 20, was a resident of an apartment complex that specialized in student housing. While returning home in the afternoon, he was attacked by three armed men, who shot him multiple times and ran over him in the roadway, which is part of the common area of the complex. The attack was captured on surveillance video.
Discovery revealed that there was a pattern of serious criminal activity at the complex, including shootings, home invasions, drugs and vandalism. Plaintiff’s counsel proved that, despite defendants’ knowledge of the serious criminal activity, security at the complex was reduced for budgetary reasons.
Plaintiff’s counsel argued that defendants failed to implement reasonable security measures for the safety of the complex’s residents, and as a result, that it was reasonably foreseeable that a resident would be killed or seriously injured by the criminal conduct of third parties.
The injuries required plaintiff to undergo multiple surgeries and be hospitalized for about six weeks. After physical therapy, plaintiff suffered no paralysis and was able to make a remarkable recovery.