July 16, 2026

ATLANTA – QPWB Atlanta Partner Jay Barber and Associate James Hughes successfully secured a complete defense victory in a complex negligence and premises liability matter. Facing claims stemming from a violent shooting incident in downtown Atlanta, the defense team moved decisively for summary judgment, resulting in the motion being granted as a matter of law and a final monetary award of $0.00.

Overview of the Case

The litigation arose from a violent shooting spree committed by a resident of a condominium association in Downtown Atlanta. The Plaintiff was injured during the incident and subsequently filed a lawsuit against the firm’s client seeking recovery for alleged negligent security.

Key Difference-Makers

• Jay Barber - Partner, Atlanta
• James Hughes - Associate, Atlanta

Claims Made Against Our Client

The Plaintiff pursued recovery under core theories of negligence and premises liability, specifically centering the litigation on claims of negligent security. Additionally, opposing counsel advanced derivative claims seeking punitive damages, attorneys' fees, bad faith, and the expenses of litigation under O.C.G.A. § 13-6-11. In the Amended Complaint, the Plaintiff aggressively contended that the defense's client was legally responsible for the actions of a third-party criminal assailant.

Defense Strategy

In response to these high-exposure claims, Barber and Hughes executed a defense strategy centered on establishing the absence of any genuine dispute of material fact. The defense team worked closely with the client to systematically gather and supply the requisite documents and affidavits to dismantle the essential elements of the Plaintiff's claims.

The defense cited binding case law to eliminate any alternative basis the court could use to deny the motion. When the Plaintiff filed a Motion for a Continuance under O.C.G.A. § 9-11-56(f) to secure additional time to respond, the defense maintained an airtight legal framework that left no room for the opposition to establish liability. The core of the defense turned on a critical statutory boundary by proving that the Plaintiff’s injuries arose out of and occurred in the course of his employment.

Impact on Final Outcome

The strategic decision to promptly move for summary judgment completely shifted the trajectory of the litigation. In the Order Granting the Defendant's Motion for Summary Judgment, the Court fully adopted the defense’s framework, holding that the Plaintiff's claims were strictly subject to the exclusive remedy provision of the Georgia Workers' Compensation Act ("WCA"). By ruling that the WCA barred the civil action as a matter of law, the Court dismissed the case in its entirety, resulting in a zero-dollar exposure for QPWB’s client.

Unique Aspects of the Case

The most unique element of this litigation was the procedural hurdle involving the timeline of the defense's motion. The Plaintiff successfully filed a Motion for a Continuance under O.C.G.A. § 9-11-56(f) and was granted an extension of time by the Court to formulate a response. Despite giving the opposing counsel extra time to build a counter-argument, the defense's legal positioning remained entirely unassailable.

Predicting the Future

This victory reinforces QPWB’s ongoing reputation as leading defense attorneys who execute precise legal strategies to resolve catastrophic injury claims effectively. By securing a favorable summary judgment outcome before trial, the firm highlights the profound importance of prompt, aggressive motion practice to ensure corporate clients and insurers are insulated from extensive liability without being subjected to an expensive, protracted trial.

Key Actions in This Case

• Statutory Defense Application: Successfully leveraged the exclusive remedy provision of the Georgia Workers' Compensation Act to bar the Plaintiff's civil claims as a matter of law.
  
• Rigorous Evidentiary Foundation: Partnered closely with the client to secure the necessary business records, documents, and affidavits to leave no genuine dispute of material fact.
  
• Anchoring the Defense: Utilized binding state case law to systematically eliminate alternative grounds for a denial, maintaining a winning position throughout the plaintiff's extended response timeline.
  

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 60 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.