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COUCH v. RED ROOF INNS, INC.

No. S12Q0625.

729 S.E.2d 378 (2012)

291 Ga. 359

COUCH v. RED ROOF INNS, INC., et al.

Supreme Court of Georgia.

July 9, 2012.

Attorney(s) appearing for the Case

Burke Blackwell Johnson , Buckley King LPA, Gainesville, for appellee.

Jacob Edward Daly , Sun S. Choy , Freeman, Mathis & Gary, LLP, Atlanta, for amicus appellee.

Charles Madden Cork, III , Macon, for amicus appellant.

Thomas A. Eaton , Michael L. Wells , University of Georgia School of Law, Andrew J. Hill, III , Blasingame Burch Garrard & Ashley, P.C., Athens, for neutral amicus.

MELTON, Justice.

In this premises liability action,1 the United States District Court for the Northern District of Georgia has certified the following two questions to this Court:

(1) In a premises liability case in which the jury determines a defendant property owner negligently failed to prevent a foreseeable criminal attack, is the jury allowed to consider the "fault" of the criminal assailant and apportion its award of damages...

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