Christopher Rappenecker v. L.S.E., Inc.

Negligence, Personal Injury - Christopher Rappenecker was leaving the Whiskey River night club when he was criminally assaulted in the back parking lot of the club. Rappenecker had exited his vehicle to confront a man who had spit on him through his car window when he was hit on the head with a beer bottle and assaulted by the spitting man and another man. The two assailants later plead guilty to criminal aggravated battery. Rappenecker brought a negligence action against the owner of the club, L.S.E., Inc., claiming that they had inadequate security on the premises to prevent such an attack. L.S.E. asserted that Rappenecker put himself into peril by getting out of the car and confronting his assailant and that it had no reason to anticipate such an attack.

Defendant's Verdict - Trial court granted summary judgment to L.S.E., finding that Rappenecker voluntarily thrust himself into a dangerous situation with known risks.

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Affirmed by the Court of Appeals of Georgia. See 510 S.E.2d 873 (Ga.App. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.