" O.C.G.A. § 51-12-5.1. "[S]omething more than the mere commission of a tort is always required for the imposition of punitive damages." Cochran v. Lowe's Home Ctr., 487 S.E.2d 50, 52 (Ga. Ct. App. 1997). "[N]egligence, even gross negligence, is inadequate to support a punitive damage award. . . . There must be circumstances of aggravation or outrage.

All that need be shown for admissibility is that the facts and circumstances be sufficiently similar to have probative value; where the evidence shows that there exists substantial similarity between the condition or occurrence, the weight and probative value of such prior or subsequent occurrence rests with the jury to decide.Cochran v. Lowe's Home Ctr., Inc., 226 Ga. App. 417, 418-419 ( 487 S.E.2d 50) (1997). Alexander's affidavit did not indicate that any remedial changes or any changes had occurred as to the warnings given inside or outside of the train and when the warnings were given, which corroborated Ricker's affidavit.

Any delayed activation failure causes the warning system to act similarly; therefore, there existed sufficient similarity for such evidence to be probative. See Cochran v. Lowe's Home Center, Inc., 226 Ga. App. 417, 418-419 (1) ( 487 S.E.2d 50) (1997); Wright v. Dilbeck, 122 Ga. App. 214, 217 (4) ( 176 S.E.2d 715) (1970); see also Skil Corp. v. Lugsdin, 168 Ga. App. 754, 756 (1) ( 309 S.E.2d 921) (1983). See Ga. Cotton Oil Co. v. Jackson, 112 Ga. 620 (4) ( 37 S.E. 873) (1901).

Thus, viewing the evidence in the light most favorable to plaintiff, the Court concludes that plaintiff has presented sufficient evidence to create a genuine issue of material fact on his claim for punitive damages. See Cochran v. Lowe's Home Center, Inc., 226 Ga. App. 417, 419 (1997). Therefore, the Court denies the BMW defendants' motion for summary judgment.

See Cavender , 331 Ga. App. at 474 (1), 771 S.E.2d 153 (explaining that one way to show foreseeability is prior substantially similar crimes "on or near the premises"). Additionally, we find Shadow's reliance on Cochran v. Lowe's Home Center, Inc. , 226 Ga. App. 417, 487 S.E.2d 50 (1997), misplaced, as that case involved a hazardous condition on the property and not an intervening criminal act. Second, the majority of the workplace violence reports involved only verbal threats; no one was injured; there was no weapon involved; and some of those instances occurred off-site.