Collins-Williams Et Al V. Contour Eastwyck Llc

• Court: Northern District of Georgia, Atlanta Division
• Case Number: 1:20cv3129
• Filed: 27^thJuly 2020
• Judges: Charles A. Pannell, Jr
• Case Type: Personal Injury (360)
• Cause: Petition for Removal—Wrongful Death

Parties Involved

Plaintiff(s): Mildred Collins-Williams as guardian of Quanisha Holt | Pebbles McClain as Guardian of Julian Frazier and Isaiah Frazier

• Counsel for Plaintiff: Harry Christopher Jackson , Jr. | Michael Rafi | Alexander Brown
• Expert witnesses for Plaintiff: Geoffrey Smith, M.D| Drew Collins | D.R. Ward | A. Manjarrez

Defendant: Contour Eastwyck LLC

• Counsel for Defendants: Christopher Joel Perniciaro | Matthew G. Moffett | Alexander Heydemann | John M. Hawkins | Frederick Newman Sager , Jr.
• Expert witness for Defendant: Robert Draper

Verdict Information

• Verdict Date: 21^stMarch, 2024
• Damages awarded to Plaintiff: $3,858,548

– Compensatory damages for Tijuana Frazier’s conscious pain and suffering prior to her death: $1,000,000

– Compensatory damages for the full value of Tijuana Frazier’s life: $858,548

– Punitive damages: $2,000,000

About the Case

Cause

On April 6, 2019, a tragic event unfolded at Eastwyck Village apartment complex in Decatur, Georgia. While Tijuana Frazier was peacefully asleep in her bedroom, an unknown shooter outside the building fired shots. One of these bullets penetrated the apartment’s exterior wall, striking Tijuana Frazier in the back and exiting through her chest, ultimately leading to her untimely death. Tijuana Frazier was known to have exercised ordinary care and diligence at all times and was not involved in any wrongdoing leading up to the tragic incident.

Prior to April 6, 2019, there were numerous reports of criminal and dangerous activities at Eastwyck Village and its surrounding area, including murders, armed robberies, aggravated assaults, firearm discharges, and forced-entry burglaries. Despite this knowledge, Contour Eastwyck LLC failed in its duty of care to keep Eastwyck Village safe from dangerous and criminal acts by third parties on the premises. The defendant knew or should have known that Eastwyck Village was in a high-crime area and negligently failed to maintain a policy, procedure, or system to investigate, report, and warn of the criminal activity.

Furthermore, Contour Eastwyck LLC negligently failed to maintain, inspect, secure, patrol, and manage Eastwyck Village, creating an unreasonable risk of injury to its residents and invitees, including Tijuana Frazier. The defendant negligently represented to its invitees that Eastwyck Village was properly maintained and reasonably safe, despite evidence to the contrary. It also negligently, recklessly, and wantonly failed to warn its invitees, including Tijuana Frazier, of the existence of the criminal activity and the likelihood of further attacks. These acts and omissions directly contributed to the breach of duty owed to Tijuana Frazier by Contour Eastwyck LLC.

Injury

As a result of the defendant’s negligence, Tijuana Frazier suffered severe and fatal injuries. The bullet that entered her back caused immense pain and suffering, ultimately leading to her death. The plaintiffs, Mildred Collins-Williams and Pebbles McClain, also assert that Frazier endured substantial mental anguish and a loss of enjoyment of life due to the defendant’s alleged actions. These injuries were not only physical but also emotional, affecting both Tijuana Frazier and her loved ones deeply.

Damages

The damages sought by the plaintiffs encompass various aspects of the harm caused. They include compensation for Tijuana Frazier’s personal injuries, the excruciating pain and suffering she endured from the gunshot wound, and any potential disfigurement resulting from the incident. The financial impact is also significant, with funeral costs adding to the burden on Tijuana Frazier’s estate. Moreover, the loss of Tijuana Frazier’s capacity for enjoyment of life is a profound loss not easily quantifiable. Economic losses, including lost earnings and diminished earning capacity, further compound the damages suffered by Tijuana Frazier’s estate and family. These are not just tangible losses but also consequential damages directly stemming from the alleged negligence of Contour Eastwyck LLC.

In addition to these damages, the plaintiffs argue for punitive damages without limitation. They assert that the defendant’s alleged willful, wanton, and consciously indifferent actions warrant punitive measures. This is not only to deter similar behavior in the future but also to provide a sense of justice for Tijuana Frazier and her family. The plaintiffs also seek recovery of necessary litigation expenses, including reasonable attorney’s fees, due to the defendant’s alleged bad faith and stubbornly litigious conduct.

Jury Verdict

The jury rendered a $3.8 million verdict in favor of the plaintiff. This included $1,000,000 in compensatory damages to the Estate of Tijuana Frazier for her conscious pain and suffering prior to her death. Additionally, the plaintiffs were awarded $858,548 in compensatory damages against defendant Contour Eastwyck, LLC for Tijuana Frazier’s life. The jury also imposed a significant punitive damages award of $2,000,000 against Contour Eastwyck, LLC, further underscoring the severity of their conduct.

Court Documents: Available upon request