Wrongful death suit accuses Magic City, security contractor of negligence in 2024 shooting
A wrongful death lawsuit filed in Fulton County Thursday claims a man was shot and killed by an off-duty security officer outside an Atlanta nightclub, and states multiple businesses and contractors failed to prevent the fatal encounter.
The complaint, filed by Tara Avery as administrator of the estate of Gerrone Avery, centers on a May 4, 2024, shooting outside Magic City in Atlanta. It names several defendants, including the security company APS Valet, its personnel, associated business entities tied to the club's operations, and others involved in staffing and managing security on the property.
According to the lawsuit, Avery was shot multiple times by Marcus Hayes, who was working an off-duty security assignment and was assigned to patrol the Magic City premises through APS Valet. The filing alleges Hayes fired without warning and that Avery did not pose an immediate threat, was not advancing toward anyone, and was not engaging in any violent act at the time.
The complaint also says Avery had just been the victim of an attempted robbery moments before the shooting and was walking across a public street when he was struck.
Medical examiners ruled Avery's death a homicide, according to the filing.
The lawsuit argues that Magic City's operators, APS Valet and its leadership, and other affiliated entities were negligent in hiring, training and supervising security personnel, and in allowing armed security to operate in areas accessible to the public without proper safeguards.
It further alleges that surveillance video captured the shooting and the moments leading up to it, including what the complaint describes as Avery not posing a threat when shots were fired.
No criminal charges against Hayes are referenced in the complaint.
The estate is seeking compensatory and punitive damages, funeral expenses, attorney's fees, and other relief, arguing that multiple parties share responsibility for Avery's death under Georgia law because their actions combined to cause a single fatal outcome.
