A federal judge has thrown out a premises liability lawsuit against the QuikTrip convenience store company by a man shot in an attempted carjacking, ruling the criminal act was unforeseeable.

The plaintiffs attorneys are John Houghton of the Houghton Law Firm and John Hamilton Peavy Jr. of Peavy Law, both in Atlanta. “We respectfully disagree with this order,” Peavy said by email Thursday. “We believe we have the facts and the law for a successful appeal to the U.S. Court of Appeals for the Eleventh Circuit.”