The attorney for the owners of the Augusta Mall succeeded Wednesday, June 15, in convincing a judge that its security company will bear the financial burden if it is found negligent in a shooting at the mall in October 2020.
The Oct. 3, 2020, shooting left 26-year-old Derell D. Little dead. An innocent bystander, Aubrey Adams-Knowlden, was shot in her right knee. She was working at a kiosk in the center of the mall when a fight broke out between Little and Tony Burton.
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Adams-Knowlden filed a Richmond County Superior Court lawsuit Dec. 10, 2020, alleging the owners of the mall and its security firm, Andy Frain Services Inc., were negligent in their responsibility to keep the Wrightsboro Road shopping mall safe for patrons and employees.
On Wednesday, attorneys for the mall owners and Andy Frain Services appeared before Judge Jesse Stone to argue their positions on whether and how Andy Frain could be found liable for any financial damages that might result from Adams-Knowlden’s lawsuit.
Tracy O’Connell told the judge that the mall owners’ contract with Andy Frain Services specifically required the security company to assume insurance coverage up to $5 million and legal defense if the security company is found at fault.
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Andy Frain Services’ attorney Glenn Bass countered that the mall owners are still responsible for their own duty to keep the mall safe, and they should cover their own liabilities. While a jury may find Andy Frain itself liable for some damages, the mall owners’ still have the overall responsibility for keeping the mall safe, he said.
Adams-Knowlden’s attorney Harry Revell told the judge that the lawsuit claims both entitles were negligent and therefore they are liable for damages, and that the plaintiff has an expert opinion the security company was negligent in providing security.
Stone ruled Andry Frain Services will bear responsibility if it is shown it breached its duty under the contract with the mall, and that the contract does require insurance coverage for the mall owners.
The parties are to take part in mediation later this month.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
