Could a wrongful death lawsuit be on the horizon after a fatal robbery at a westside wine bar?
Barcelona Wine Bar on Howell Mill Road in Atlanta reopened Saturday, almost a week after manager Chelsea Beller, 29, was shot to death in a robbery. Police say three masked robbers stormed in as employees were closing in Sunday's early-morning hours, restraining workers with electrical tape and forcing Beller to open the safe before shooting her.
Beller was one of at least two restaurant employees who had raised concerns with management about gaps in security there--leading to speculation that her family might want to seek civil retribution against the company, which has restaurants in several states.
WSB legal analyst Phil Holloway says while that might make for a sympathetic victim in a lawsuit, that same fact also makes for a convincing argument for the defense.
"The plaintiffs would argue that, 'Hey, these people knew that this was a dangerous situation, we've got e-mails to prove it, and they didn't do anything about it,'" says Holloway.
"On the other hand, the defense will say, 'Yeah, well, the e-mails also prove that the victim knew about it, yet she chose to come to work anyway--therefore, we're not liable."
Holloway says Georgia's premises liability law is "about as clear as muddy water." He says the number of potential legal issues could cause a judge to get rid of the case before a jury even sees it, but if it gets that far, Holloway says, a settlement would be likely because Beller makes a sympathetic victim. Still, he says, liability isn't clear.
"The real issue here is foreseeability," says Holloway. "Was it reasonably foreseeable that something like this might happen?"
The reward in the case has grown to $20,000. Tipsters to Crime Stoppers (404) 577-TIPS (8477) can remain anonymous.