Stryker v. City of Atlanta

738 F. Supp. 1423, 1990 U.S. Dist. LEXIS 6504, 1990 WL 72067
CourtDistrict Court, N.D. Georgia
DecidedApril 5, 1990
DocketCiv. A. No. 1:88-CV-0100-JOF
StatusPublished
Cited by4 cases

This text of 738 F. Supp. 1423 (Stryker v. City of Atlanta) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stryker v. City of Atlanta, 738 F. Supp. 1423, 1990 U.S. Dist. LEXIS 6504, 1990 WL 72067 (N.D. Ga. 1990).

Opinion

ORDER

FORRESTER, District Judge.

This action in negligence for the failure to maintain secure premises is before the court on defendant City of Atlanta’s motion for summary judgment, or in the alternative, motion for partial summary judgment pursuant to Fed.R.Civ.P. 56.

I. STATEMENT OF FACTS

On December 28, 1986, plaintiff Robert B. Stryker (plaintiff) flew into the William B. Hartsfield Atlanta International Airport (airport) from Florida on a plane ultimately destined for Maryland. Plaintiff Stryker’s connecting flight to Maryland was delayed by inclement weather conditions. Plaintiff, along with two other young women he had met during his flight from Florida, decided to have a cocktail while they awaited more current flight information from the airlines. While plaintiff and his companions conversed in a neighboring lounge, representatives from Eastern Airlines announced that all connecting flights had been cancelled and that hotel vouchers would be available to interested passengers.

Plaintiff and his two companions left the lounge to pick up their vouchers and returned only to find that the lounge had closed for the evening. Thereupon plaintiff’s party traveled to a second cocktail lounge in Concourse B of the airport terminal. While there, plaintiff and his compan[1425]*1425ions shared another round of drinks and discussed their pending plans for the evening. It was in the second lounge that plaintiff first observed the Johnson brothers. According to plaintiff, his attention was drawn to the Johnson brothers because of an argument the two men were having with a woman in the lounge.

After plaintiffs party left the lounge, they rode the moving sidewalk from Concourse B to the main terminal complex. The Johnson brothers followed close behind, often directing loud, unseemly comments towards plaintiff and his two female companions. Without responding to the remarks, plaintiffs party exited the moving sidewalk and proceeded into the Delta baggage area to call the hotel for a courtesy van.

While plaintiff was on the courtesy line, Steve Johnson grabbed the breast of one of plaintiffs companions. Highly upset, the woman began yelling at the Johnson brothers. Plaintiff hung up the telephone and requested that the Johnson brothers leave him and the women alone. Plaintiff and his companions quickly left the courtesy phones and proceeded back through the Delta baggage claim area into the hallway leading to the west curb ground transportation area. The Johnson brothers continued to hurl insults at plaintiff and his companions as they followed them outside to the ground transportation area. According to plaintiff, no police or airport security were anywhere to be found during the entire episode.

Once outside the west curb doors, the Johnson brothers continued verbally harassing plaintiff and the two women. While plaintiffs party contemplated haling a taxicab, Anthony Johnson physically pushed plaintiff several times, ultimately knocking him off the sidewalk. Plaintiff continued to look for assistance and finding none began to yell for help. While Anthony Johnson shoved, punched and kicked plaintiff to the ground, his brother Steve held would-be rescuers at bay with a pocket knife. One taxicab driver did, however, call police to the scene of the assault. The Johnson brothers were apprehended and subsequently charged and convicted of aggravated assault and battery.

During his altercation with the Johnson brothers, plaintiff was kicked in the testicles. Plaintiffs injury required two operations: one to remove his right testicle and another to replace the right testicle with an artificial transplant.

On January 19, 1988, plaintiff filed suit against the City Of Atlanta, the Atlanta Air Lines Terminal Corporation and ARC Security, Inc. A settlement was reached between plaintiff and defendants ARC Security and Atlanta Air Lines Terminal Corporation. Thus, only defendant City of Atlanta remains a party to this action.

It is undisputed that the City of Atlanta is the owner and operator of the airport. However, the parties’ characterization of the city’s operation of the airport differs greatly. Plaintiff contends that the City of Atlanta uses the airport to generate revenues, while defendant asserts that the airport is operated primarily to benefit the public rather than for profit. In support of this contention, defendant shows this court that the airport does not transfer any of its operating profits into the general funds of the City of Atlanta.

It is undisputed that defendant City of Atlanta has leased nearly 100 percent of the terminal building area to contracting airlines and outside concessions. The lease agreement requires that liability insurance be provided to cover any possible liability “arising out of the maintenance, use and occupancy” of the terminal building area. Id. at ¶ 9.10. It is undisputed that the City of Atlanta is listed as a named insured on two comprehensive premises liability policies.1 Policy 8198 limits liability to $25 million while Policy 8105 has limits of liability of $150 million.

It is plaintiff’s contention that the City of Atlanta, as owner and operator of the airport, had a “duty to provide for the safety [1426]*1426of plaintiff from acts of criminal violence while he was traveling through the airport.” Plaintiffs Brief, at p. 2. Plaintiff further contends that defendant City of Atlanta breached this duty by failing to provide the quality and quantity of police services necessary for the adequate protection of the traveling public. Finally, plaintiff contends that since the City operates the airport for profit, it, like any other business entity, is liable for punitive damages. See id.

Defendant City of Atlanta contends that it is entitled to summary judgment as a matter of law because plaintiff has no private cause of action against a municipality for negligently providing police services, and no right to punitive or exemplary damages against a municipality exists under Georgia law.

II. CONCLUSIONS OF LAW

A. Liability

Central to the disposition of this case is the issue of whether the defendant City of Atlanta operates the airport as a governmental function, for the public benefit, or as a ministerial function, in order to generate revenues. Resolution of this issue will determine whether defendant City of Atlanta must forfeit its governmental immunity and become potentially liable to plaintiff for punitive damages for its alleged negligent provision of adequate police services.

In Georgia it is settled law that “where the [Government engages in the operation of a business or business enterprise, it should, as a general rule, forfeit its traditional immunity from liability, and be held to do business on business terms.” Southern Airways Co. v. DeKalb Co., 102 Ga. App. 850, 854, 118 S.E.2d 234 (1960); Cleghorn v. City of Albany, 184 Ga.App. 732, 735, 362 S.E.2d 386 (1987).

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Cite This Page — Counsel Stack

Bluebook (online)
738 F. Supp. 1423, 1990 U.S. Dist. LEXIS 6504, 1990 WL 72067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stryker-v-city-of-atlanta-gand-1990.