ILNews

No duty owed to attacked restaurant patron, judges rule

Michael W. Hoskins
January 1, 2007
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An Indianapolis fast-food restaurant didn't owe a patron the duty of protecting him from attack just because it had placed a table on the sidewalk outside, the Indiana Court of Appeals ruled today.

A three-judge panel issued a decision David Schlotman v. Taza Café, d/b/a Gyro Joint , 49A05-0608-CV-475. The judges heard arguments in the Marion County case May 22.

This case addressed whether the carryout restaurant Gyro Joint had a common-law duty to protect patron Scholtman, who was harassed and hit in the face with a whisky bottle while eating at an outdoor table about 11 p.m. on a Saturday night. He asserted that duty was breached in light of multiple criminal complaints against the establishment, while the eatery argued it did not have a duty and the injuries weren't foreseeable.

The appellate judges agreed with the restaurant, holding that the attack was not "reasonably foreseeable under the totality of the circumstances" and the owner didn't owe a duty by placing the table on the sidewalk because no negligence was involved.
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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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