On June 23, 2026, GMKE partner Joseph A. Kaiser obtained summary judgment on behalf of Defendant WTL Investments, LLC in a premises liability lawsuit pending in the State Court of Bibb County, before Chief Judge Jeff Hanson.
Facts of the Case
The lawsuit arose from a shooting outside The Hummingbird Stage and Taproom in Macon, Georgia, on the night of June 17–18, 2023. During an exchange of gunfire between two individuals — one of whom was allegedly a security employee of the venue — Plaintiff was struck in the thigh by a stray bullet while walking near the property.
Mr. Kaiser’s client owned the property but had had leased it to the entity that operated the bar well before the incident occurred. Plaintiff nonetheless named Mr. Kaiser’s client as a defendant, alleging negligent hiring, training, supervision, and retention of security personnel, as well as broader premises liability claims — including inadequate lighting, surveillance, and security patrols.
The Motion
Mr. Kaiser moved for summary judgment on behalf of his client, arguing that as an out-of-possession landlord with no role in hiring, training, or supervising the venue’s security staff, WTL Investments owed no duty to Plaintiff under Georgia law. The motion relied on the commercial lease agreement, which placed exclusive control of the premises with the tenant and included an indemnification provision protecting Mr. Kaiser’s from claims arising out of the tenant’s operations.
Plaintiff opposed the motion and sought additional time to conduct discovery, including further depositions. The Court granted a series of extensions to allow that discovery to proceed before ruling.
The Court’s Ruling
In its June 23, 2026 order, the Court found no evidence that Mr. Kaiser’s client employed, hired, or retained the security personnel involved in the incident, and therefore no duty existed as to the negligent hiring and supervision claims. On the broader premises liability claims, the Court held that Mr. Kaiser’s client — as an out-of-possession landlord under O.C.G.A. § 44-7-14 — could only be held liable for injuries arising from defective construction or a failure to keep the premises in repair. Because Plaintiff presented no evidence that his injuries stemmed from any physical defect on the property, the Court ruled that Mr. Kaiser’s client was entitled to judgment as a matter of law on all claims.
The Court granted summary judgment in favor of Mr. Kaiser’s client and dismissed it as a party to the case. The case continues against the remaining defendants.
Ellington v. WTL Investments, LLC, et al., Civil Action No. 24-SCCV-099225, State Court of Bibb County, Georgia.
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