In Atlanta, Georgia on Pollard Boulevard on November 10, 2010 at approximately 2 a.m. at the Country Inn & Suites, Heinz Fojutowski, who had made a reservation and paid in advance online to stay at the hotel, was attempting to check into the hotel only to find that the front desk worker on duty had locked the front door. It would later be found out that this was for the clerk’s own protection. Since Mr. Fojutowski was not able to check into the hotel, he returned to his car whereby a man with a gun approached him from behind demanding money and the keys to the car. The gunman took both the keys and the money and then shot Mr. Fojutowski and fled in the now stolen vehicle.
Mr. Fojutowski was left bleeding in the parking lot with his intestines laying outside of his body. Mr. Fojutowski had a traveling friend with him who called 911 and used a t-shirt to put his intestines back into his body and hold pressure on the wounded area to control the bleeding until help arrived. When help arrived, Fojutowski was transported to Grady Hospital in Atlanta, Georgia where he underwent many surgeries for injuries to his back and his internal organs. He stayed at Grady for eleven (11) days and his total medical expenses exceeded $ 500,000.00. At the time of trial, Mr. Fojutowski was still using a cane for walking and it was claimed that the injuries he suffered were disabling.
The case against the hotel, Fojutowski v. Bhagywanti, No. 2012 –CV-04397-FF, was based upon the legal theory of Premises Liability and that the hotel was negligent in failing to keep the premises safe for its guests and invitees. Specifically, the hotel, prior to this incident, provided onsite security, but in an effort to budget had cut out the security that it used to provide onsite. The hotel argued that the security did not matter and that this incident was unforeseeable, and that the outcome would not have been any different had the hotel provided onsite security.
A Clayton County State Court Jury would disagree as it awarded a $ 3.68 Million Dollar Verdict and apportioned 32% of the verdict to the owner of the hotel for failing to provide adequate security. 58% of the liability was placed on Tamario Wise who was the shooter, but not a defendant in the case. Wise is now serving fifteen (15) life sentences for this and other heinous crimes that he had committed as the leader of the gang called the Jack Boys.