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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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