William Ayala v. QuikTrip Corporation and Mikayla Jordan

Summary

The United States District Court for the Northern District of Georgia granted Mikayla Jordan’s motion to dismiss and QuikTrip Corporation’s motion for summary judgment in William Ayala’s premises-liability action. The court found Jordan was fraudulently joined and dismissed the claims against her without prejudice. It granted QuikTrip summary judgment because Ayala failed to present evidence that the third-party criminal assault was reasonably foreseeable, and dismissed the claims against QuikTrip with prejudice.

Holdings

1. Jordan was fraudulently joined because Ayala could not possibly establish a premises-liability cause of action against her where undisputed evidence showed that she was neither the owner nor occupier of the store and was not working there when the incident occurred.
2. The court had diversity jurisdiction because, after disregarding the fraudulently joined defendant, complete diversity existed between Ayala and QuikTrip and the amount in controversy exceeded $75,000.
3. QuikTrip was entitled to summary judgment on Ayala's negligence per se claim because O.C.G.A. §§ 51-1-2 and 51-3-1 do not create negligence per se liability; they describe common-law negligence liability.
4. QuikTrip was entitled to summary judgment on Ayala's premises-liability negligence claim because Ayala presented no competent evidence that the attack was reasonably foreseeable under the totality of the circumstances.

Questions Presented

1. Whether Jordan was fraudulently joined such that her citizenship could be disregarded for diversity jurisdiction.
2. Whether the court needed to address Jordan's alternative argument that she had not been served with process.
3. Whether QuikTrip was entitled to summary judgment on Ayala's negligence per se claim under O.C.G.A. §§ 51-1-2 and 51-3-1.
4. Whether QuikTrip was entitled to summary judgment on Ayala's premises-liability negligence claim because the third-party criminal attack was not reasonably foreseeable.

Disposition

other