The Georgia Court of Appeals has tossed out a wrongful death suit filed by the wife of a man murdered during a robbery in the shared parking lot of the Pappadeaux Seafood Kitchen and Pappacito’s Cantina restaurants in Marietta, reversing a trial judge who declined to dismiss the case on summary judgment. 

Tuesday’s ruling said that, while there had been minor crime like fights and car break-ins on the premises before, there was not enough evidence of violent attacks on or near the property to sustain claims that the owner, Pappas Restaurant Inc., and its security contractor should have foreseen its likelihood.