The Georgia Court of Appeals revived claims brought by a long-distance trucker asleep in his cab in a secured parking lot who was awakened by a would-be intruder only to be run over—three times—when he stepped out of his cab to investigate.

In dismissing the case, the trial judge had ruled that, while there was evidence of prior crime at the facility, it was not so similar as to be foreseeable by the site’s management.