Home Uncategorized Chambers man awarded $45 million by jury

Chambers man awarded $45 million by jury

0
0

A Fulton County jury delivered a post-apportioned award of almost $43 million to a man shot in a CVS parking lot where he had arranged tobuy an iPad from another person a few days before Christmas in 2012. The Chambers County man, now 54, was shot several times and under-went a half-dozen surgeries at the Moreland Avenue pharmacy in southeast Atlanta where, his lawyers said, store workers had repeatedly expressed fears for their safety, and where an employee robbed at gunpoint just three weeks prior to the Dec. 20, 2012, shooting.“The employees had been asking for security for some time, and there was testimony that they’d had security for two or three years then dropped it,” said Law & Moran-partner Pete Law.The lawyers said that, because CVS rejected a $3 million settlement offer last year, they will ask the court to award attorney fees under Georgia’s of-fer of judgment statute. A party that declines a settlement offer under that statute and then loses at trial by at least 25 percent more than the rejected offer may have to pay the winning party’s attorney fees from the date of the rejected offer.“We will be seeking all of our fees from the judgment,” said Rice. “That should result in a total recovery exceeding $60 million.”According to the law-yers and court filings, the man traveled to Atlanta from Alabama to buy and sell refurbished electron. ics and was wrapping up his trip when he got a call from Frankie Gray to meet in the CVS parking lot on Moreland near the intersection with Custer Avenue to discuss the sale of an iPad.Gray got into the man’s car but they were unable to agree on a price, and Gray got out.An unknown male then jumped in the car and demanded the man’s money and electronics.He was able to grab his own gun and get off two shots before it jammed. The other man shot back several times, striking the man in the arm and stomach, before running away. He was never caught. Gray was initially arrested but later released without charge, Law said.The man ran up more than $725,000 in medical bills for multiple surgeries, and is still “not in the best shape,” said Law. “He’s walking, but he can’t use his left arm well, and has a lot of scar tissue. Psychologically, he hasn’t done as well as we would hope.”The mansued Georgia CVS Pharmacy LLC in Fulton County State Court