The Georgia Court of Appeals recently ruled unanimously to uphold a Gwinnett County trial court ruling granting summary judgment in favor of downtown Atlanta’s Mercedes-Benz Stadium and its security company concerning claims that their negligence led to a college football game fan getting pulled into and injured during a fight.

However, the intermediate court also reversed summary judgment in favor of the individual mdefendants who allegedly started the fight, though their argument was also based on assumption of risk, illustrating how the same argument can have very different outcomes depending on whether it is dealing with a negligence claim or an intentional tort, like assault and battery.

A headshot of Ron Gaither. Ron Gaither. Courtesy photo.