Raleigh, North Carolina — Attorneys Spencer S. Fritts and Jacob M. Morse of Morse Fritts PLLC have filed a wrongful death lawsuit against Jasmen Corporation, Phillip Horwitz, and Taiseer Zarka on behalf of the mother of Mark T. Garrity, Jr. The lawsuit, filed on April 4, 2025, alleges that the landlord and commercial tenant responsible for the security and safety of a known dangerous convenience store negligently failed to keep the premises safe, which allowed the store owner to use excessive and deadly force in the preventable, unnecessary, and tragic killing of Mark T. Garrity, Jr.
On April 6, 2023, Mark was fatally stabbed in the chest several times as he was confronted by a habitually aggressive and violent shopkeeper and cashier. Contrary to the criminal testimony of the shopkeeper, Zarka, eyewitness video and sworn evidence refute any claim that this senseless violence was necessary or provoked. Instead, the evidence shows that Mark’s conduct never warranted such an unreasonable and violent response.
“At no time did Mark pose a threat to Zarka or anyone else that would justify the use of deadly force by a member of the public,” said Attorney Jacob M. Morse. “The evidence is clear—Mark was not a danger to anyone when he was stabbed. His life was unjustly taken, and his family deserves accountability and justice.”
According to the complaint, Mark was not suspected of any violent crime or felony; rather, when accosted by a knife-wielding shopkeeper, he reasonably attempted to evade the threats on his life. The shopkeeper then stabbed Mark multiple times, killing him as he attempted to exit the store. The lawsuit states that the assailant did not issue any warning before using deadly force. Witnesses recording the incident reacted in shock, exclaiming how unjustified the stabbing was, further demonstrating the unjustified nature of the stabbing. Unfortunately, the evidence shows that the landlords and those profiting off of this dangerous enterprise turned a blind eye to the inevitable in the months and years before Mark was senselessly slain.
The lawsuit seeks justice for Mark and his family by holding the landlord, shop owner entities, and assailant accountable for failing to prevent the killing and for ultimately taking unlawful and unjust actions against Mark’s life at the shop. The legal claims include negligence in letting and maintaining the premises, unreasonable hiring and retention, wrongful death, and survival action, as well as punitive damages.
“The persons and entities who failed to prevent this foreseeable tragedy of senseless violence must answer for their egregious violation of Mark’s basic rights as a human being and shop patron,” said Attorney Jacob M. Morse. “This case goes beyond one family’s loss—it’s about ensuring that shopkeepers and landlords who profit off of dangerous enterprises are held to the highest standards under the law when it comes to the maintenance of for-profit, customer-facing businesses in our community.”
The lawsuit (Case No. 25CV011582-910) was filed in the North Carolina General Court of Justice, Superior Court Division for Wake County, North Carolina and demands a trial by jury.
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