$140M verdict axed in fatal Atlanta apartment fire lawsuit

A DeKalb County jury’s $140 million verdict against an Atlanta apartment complex where a tenant died in a 2017 blaze has been wiped out by the Georgia Court of Appeals.

Venetian Hills Apartments, one of many troubled complexes identified in The Atlanta Journal-Constitution’s dangerous dwellings investigation, now has another chance to defend itself at a retrial.

The family of George Hughes claimed Venetian Hills is liable for his death because it failed to install smoke detectors, fire alarms or a sprinkler system that would have warned him of a fire that spread through his apartment for around 20 minutes before killing him. The 63-year-old was asleep in his upstairs bedroom.

The appeals court ruled Friday that DeKalb County State Court Judge Ana Maria Martinez gave jurors the wrong instructions on the applicable law, expanding the potential liability of Venetian Hills.

“We cannot determine whether the jury found against the landlord by applying landlord-tenant or premises liability law,” the court said. “As such, no portion of the verdict can be preserved, and a full retrial is necessary.”

Attorney Laurie Webb Daniel, who led Venetian Hills’ appeal, said they appreciate the court’s thoughtful opinion.

Lawyers for Hughes’ family said they will ask the court to reconsider its ruling. They could also seek review by the Georgia Supreme Court.

Attorney Jeff Shiver, lead trial counsel for the family, said the jury heard clear and compelling evidence about the serious code violations and lack of basic fire suppression and alarm systems at Venetian Hills’ complex on Campbellton Road.

“Venetian’s failures were not minor or technical,” Shiver told the AJC. “The unrebutted evidence showed that the property underwent unpermitted structural modifications, that required inspections never occurred, and that critical life-safety infrastructure was missing throughout the complex — measures that would have prevented the fire that claimed George Hughes’ life.”

Venetian Hills argued it wasn’t responsible for Hughes’ death because the fire was deliberately lit by a woman invited into the apartment by one of Hughes’ roommates. At oral arguments in June, Webb Daniel said the roommate sexually assaulted the woman, who set the fire in retaliation.

The woman, Kamara Wheeler, set a sock on fire in a downstairs closet before fleeing the apartment, court records show. She pleaded guilty to arson.

The appeals court said a jury could still blame Venetian Hills based on evidence that Hughes would not have died if the complex had fire detection devices. Under Georgia law, landlords are responsible for damages arising from defective construction or failure to keep premises in repair.

The court said an expert testified at trial that Venetian Hills’ lack of fire safety measures violated multiple laws, regulations and minimum standards.

The verdict in December 2023 included $75 million for the value of Hughes’ life and $25 million for his pain and suffering. The jury found Venetian Hills 95% responsible and allocated the remaining fault to Wheeler, who was not a party in the case.

Jurors awarded Hughes’ family an additional $40 million for attorney fees and litigation costs.

It was the largest verdict in Georgia in 2023, according to TopVerdict.com, which publishes the largest verdicts in each state as reported by attorneys.

Webb Daniel said in June that Georgia’s new lawsuit-limiting legislation prohibits the kind of arguments made by attorneys for Hughes’ family to inflame the jury. She said Hughes and other tenants of Venetian Hills were aware it lacked fire safety equipment.